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  1. #1

    Default Is an Agreement Binding if It Was Not Notorized or Witnessed by an Attorney

    I want to enter into an agreement with my father for the next couple of years. It would be preferred if we didn't have to incur any type of legal fees for filing or hiring a lawyer. I just want to make sure that if we do enter into an agreement (where we both sign said agreement), that it could be upheld in court should he fail to follow through on his part of the deal.

    All responses are welcome!

  2. #2
    Join Date
    Jan 2006
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    38,867

    Default Re: Is an Agreement Binding if It Was Not Notorized or Witnessed by an Attorney

    that all depends on what it is for, how well the contract is written, and exactly what is involved.

    In other words; there is no way to determine the strength of your contract without reading it. You can take it to a local attorney for review for not a ton of money.

  3. #3
    Join Date
    Jun 2006
    Location
    Massachusetts
    Posts
    24,521

    Default Re: Is an Agreement Binding if It Was Not Notorized or Witnessed by an Attorney

    I am a former notary.

    Notarizing a document serves to verify that the people signing it are indeed the people they have purported themselves to be. Notarizing it (and/or having it witnessed) does not have anything at all to do with whether the agreeement is legal or enforceable. If it is legal/enforceable, then it is legal/enforceable whether it is notarized/witnessed or not. If it is not legal/enforceable, then notarizing/witnessing it does not make it so.

    There are occasional exceptions to the above, but the above is true far more often than it is not.

  4. #4
    Join Date
    Apr 2007
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    Il.(near StL,Mo.)
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    5,252

    Default Re: Is an Agreement Binding if It Was Not Notorized or Witnessed by an Attorney

    You need to take it to an attorney for review as suggested by jk to determine whether it would be legal & enforceable.

  5. #5
    Join Date
    Jul 2007
    Location
    Florida
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    2,344

    Default Re: Is an Agreement Binding if It Was Not Notorized or Witnessed by an Attorney

    There are cetain elements required to make an agreement binding and enforcable. First, the people have to be identified. The agreement must be for something that is legal. A valid contract also requires the parties' consent, which must be free, mutual and communicated to each other. In other words, there must be a meeting of the minds as to what is being agree to. And in most cases there needs to be consideration, whether monetary or otherwise. Real estate agreements aren't enforcable unless they are written. Witnesses and notaries eliminate the claim by one party that they were not the one agreeing (as in the case of a forged signature). They don't make the contract more binding. They can make it more enforcable if the other party claims they didn't agree and sign.

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