Legal Question in Business Law in California

Re: Initaling a contract

Initialing the bottom of the contract makes it difficult to disclaim parts of a multiple-page contract. You would have to supply more facts to determine if the crossed-out terms are modifications to the contract or if they are a rejection of the contract. But, for the sake of argument, if both you and the other party signed a contract which had crossed-out terms in it, the crossed-out terms would probably not be a part of the contract. I would be happy to discuss with you further if you want to supply further facts.

Re: Initaling a contract

No party to a contract can unilaterally change its terms unless the contract gives him this right; even then he must follow the modification procedures set forth in the contract itself. This is just as true before the parties have signed it as after.

Changing a written contract before you sign it is a rejection of the terms offered by the other party and a proposal of new terms. The other party can accept them if she wants but is not obligated to. She can make a counter-proposal but, if she doesn't, then you have no deal.

The modified document is an offer and only becomes a contract if the other party affirmatively accepts it. The party that made the changes cannot enforce them -- or any other part of the contract -- unless and until the other party has made it clear that she accepts them.