Can a company modify a contract after the customer signs it?

[wondering44]

If a contract is filled out and signed by the customer and then the company adds information to the contract and does not get the changes resigned or initialed still legal? The info that was added to the contract changed the details of the verbal choices made by the customer so that the customer lost 25% of the amount they were entitled to.

We have a copy of the original contract and the company has a copy of the contract with the modifications made to it (just to make it clear.... the invoice numbers match on both copies proving that the changes were made after the representative had the customer sign the contract).

Also, two years after initial contract was made... printouts of the investments were given to the cust. showing the original choices which were 100% return guaranteed and not 75% return.

On top of this, the contract was written up incorrectly so that the surviving spouse did not inherit the investment and the investment passed down to the beneficiaries (me). The company representative put the spouse in as co-owner instead of successor.

Now the company states that we have to accept the contract because it was signed and their code numbers (which were not listed on our copies) reflect the default choice of 75%.

[charles]

A contract requires an offer, acceptance, and consideration.
Ask yourself this, do you think consideration was done by you
when they modified this contract after you initially signed it?
Talk to a contract/business lawyer. I think you will be glad you did.

[Moo Moo]

The original contract has reliance and cannot be amended without the signature of both parties. If you foolishly signed or anyone who works for you did and had authority to do so on your behalf, then tough titties.

[charles]

The general principle is that a material alteration by one party,not assented
to by the other and evidenced appropriately,will nullify the original contract.
See THE LAW OF CONTRACT IN CANADA, G.H.L.FRIDMAN fourth edition.
(g) Alteration of documents page 499.
Do not forget, there is a Statute of Limitations which bars any action being
taken after a certain time period and I see in your question at least 2 years
have passed since this contract was signed.

[Meilssa]

Have you resolved this issue? There may not be a limitation issue, as Charles has pointed out. Let me know if this is still a looming issue before I go off on my rant

M

[Moo Moo]

Oh Rant , Oh Please Rant... Cause We All Have So Much To Learn from the
Courage of others when Expressing an Opinion or Sharing the Knowledge that we can All Learn From.