When two parties come together to sign an agreement, there is often confusion on who should sign first. While it may seem like a trivial matter, the order in which the parties sign can have legal and practical implications. In this article, we’ll delve into the reasons why it matters who signs first and who should take the lead in putting pen to paper.

Why Does It Matter Who Signs First?

From a legal standpoint, the order in which the parties sign an agreement can affect the validity of the contract. In some cases, if the agreement is not properly signed in the correct order, the contract may be considered invalid or unenforceable. This can lead to disputes down the line and even legal action. Therefore, it is essential to ensure that the signing order is done correctly.

In addition to the legal implications, the order in which the parties sign also has practical implications. The first signatory sets the tone for the rest of the document, and any subsequent signatories are indicating that they agree with what has already been agreed to. The first signatory can also influence the negotiation process, as they are typically the party that takes the lead in drafting the agreement.

Who Should Sign First?

The answer to this question depends on the type of agreement and the relationship between the parties. In most cases, the party that is providing the goods or services should sign first. For example, if you are a contractor providing services to a client, it makes sense for you to sign first. This establishes your commitment to the agreement and shows that you are ready to provide the services agreed to.

If the agreement is between two businesses, the party with more leverage or bargaining power may choose to sign last. This can be a way for them to ensure that all the terms they negotiated have been captured in the final document. However, if the agreement is between two equal parties, either party can sign first.

In some cases, the signing order may be dictated by tradition or cultural norms. For instance, in some cultures, it is customary for the more senior party to sign first.

In conclusion, the signing order of an agreement is an essential element to get right. While it may seem like a small detail, it can have significant implications for the validity and enforceability of the contract. The party providing the goods or services should typically sign first, but the order can vary depending on the relationship between the parties and cultural norms. By paying attention to this detail, you can ensure that your agreement is legally sound and sets the right tone for a successful business relationship.