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Q: “I’m representing a seller. We have a ratified contract and it has come to our attention that the buyer’s agent inadvertently included a term that neither party wanted to be part of the contract; it was included by mistake and doesn’t even apply to the property involved. I have suggested we cross out the term and have the parties initial and date the change. Can we make that change or is the contract “final” as written?” 

A: Yes. In general, the parties to a contract can mutually agree to amend its terms, even after ratification. So, in this scenario, if the parties both agree that a provision was included inadvertently and should not apply to the transaction, they can agree in writing to remove or modify that provision.  

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