In today’s digital world, electronic contracts have become essential tools for businesses, freelancers, and professionals.
However, despite their convenience, many mistakes when drafting contracts can jeopardize their legal validity or create unnecessary conflicts between the parties involved.
In this article, we’ll explore the most common mistakes when drafting electronic contracts and how you can avoid them to ensure your agreements are clear, secure, and legally binding.
1. Failing to Properly Identify the Parties
One of the most common errors is not clearly stating who is involved in the contract.
Important details like full names, company names, tax IDs, legal addresses, or contact information are sometimes missing.
Why is this a problem?
If the parties are not correctly identified, it becomes difficult to enforce the contract or hold someone accountable in the event of a dispute.
✅ How to avoid it
Make sure to include all relevant information for every party involved. For companies, also specify who is authorized to sign on their behalf and their legal authority.
2. Using Vague or Generic Language
Phrases like “as previously agreed” or “as deemed appropriate” are vague and open to interpretation.
Why is this a problem?
A contract should clearly define expectations, responsibilities, deadlines, conditions, and consequences in case of non-compliance. Ambiguous wording leaves room for misunderstandings.
✅ How to avoid it
Use precise, simple, and direct language. If technical terms are involved, define them. And be as specific as possible in all clauses.
3. Leaving Out Key Clauses
It’s surprisingly common to see contracts that forget basic elements like:
- Term and duration
- Penalties for breach
- Jurisdiction and dispute resolution
- Termination conditions
Why is this a problem?
Without these clauses, there’s no clear roadmap for what to do if the agreement falls apart.
✅ How to avoid it
Prepare a checklist of essential clauses based on the contract type (service agreement, sale, rental, etc.) and review it carefully before finalizing the document.
4. Copy-Pasting Contracts from the Internet
Another classic mistake! Many people draft contracts by copying templates they find online without reviewing or adapting them.
Why is this a problem?
What works for a freelancer in Canada might not apply to a business in Mexico. These templates may contain outdated, irrelevant, or even illegal clauses depending on your local laws.
✅ How to avoid it
Use online templates only as a starting point. Adapt each clause to your specific case, and if possible, get legal advice before using them.
5. Using Invalid Digital Signatures
Some people think adding a typed name or a scanned image of a signature is enough to make a digital contract legally binding.
Why is this a problem?
Most countries—including Mexico—require that electronic signatures meet certain legal standards such as authenticity, integrity, and non-repudiation.
✅ How to avoid it
Use platforms like Contractualis, which allow you to sign documents using secure technology that meets all legal requirements for a valid and enforceable electronic signature.
6. Not Keeping Evidence of Acceptance
In the physical world, contracts are signed and filed. In the digital world, many just send a PDF by email and assume it’s accepted.
Why is this a problem?
If you can’t prove that the other party signed or accepted the contract, it may be difficult to enforce it in a legal dispute.
✅ How to avoid it
Use tools that record who signed, when, from what IP address, and with what method. This audit trail is essential for electronic contracts.
7. Not Considering Future Changes or Amendments
Contracts often evolve over time. But when changes are made verbally or informally (e.g., via WhatsApp), they’re not legally recorded.
Why is this a problem?
If there’s a conflict, only the written and signed version of the contract will be enforceable.
✅ How to avoid it
Include a clause specifying how changes or annexes should be made. If an amendment is agreed upon, generate a new document or signed addendum to formalize it.
Conclusion
Drafting an electronic contract is not just about writing a Word document and emailing it.
It requires attention to detail, legal knowledge, and the right digital tools.
Making one of these mistakes when drafting contracts can cost you time, money, and unnecessary headaches.
The good news? With platforms like Contractualis, you can create clear, secure, and legally valid electronic contracts while avoiding these risks from the start.
Want to avoid these mistakes starting today?
Create your free account at Contractualis and start signing digital contracts with confidence and legal backing.
