Any contract that is not notarized can be a legal binding document. The question usually is whether there was a contract. For there to be a contract, there have to be six elements; offer, acceptance, mutual assent, legality, capacity, and consideration. Each of these have very distinct legal meanings and there are many caveats to explore.
That having been said, you should probably consult a business law textbook or better, an attorney, if the money at stake is worth it.
Hope this helps.
2006-08-28 17:03:52
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answer #1
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answered by David R 2
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NO, notorized merely means that a notory witnessed the people signing and have properly identified the people who signed the contract.
First if the contract is illegal, it is not binding
Next in general, a contract is an offer and acceptace ( from the signed contract) but most also require that some money or form of consideration be paid, if this does not happen, then the contract is not binding.
In some contacts one party acting upon the contract is used instead of consideration being paid.
People put too much inportantace on what a notary is, it only and I do mean only, mean that the person who signs the contract has been properly ID'ed and witnessed. The person who does the witness does not read the contract or have any legal funtion in making the document being signed valid.
2006-08-28 17:05:52
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answer #2
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answered by Anonymous
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All a notarized document attests to legally is that the signer(s) of the document are who they say they are because they had to give evidence to a notary public (a picture ID like a driver's license). The contract could still be illegal on its face. That's for a court to decide. If you are referring to a promissory note or something of that nature, you bet it's legal and it's enforceable. File that original contract with a Court under a "Breach of Contract" lawsuit and in 30 days there will be a default judgment against the judgment debtor, if he/she does nothing about it, including back interest, court costs, and process server fees (if any), incurred by the judgment creditor. Wage garnishment then becomes a distinct possibility. Hope you're not the one defaulting, but if you have good reasons for doing so, you might consider getting legal help.
2006-08-28 17:12:16
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answer #3
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answered by Anonymous
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Notarization is usually a necessity if an otherwise binding contract is going to be recorded, so that the recorder's office is reasonably assured that the contract was signed by the person named in the contract. That does not affect its enforceability.
2006-08-28 19:13:49
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answer #4
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answered by mattapan26 7
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No.
what ever is written in the contract has to be legal. EI, if u r under age you may have signed the contract but it won't be legal. They cannot ask you to contract for something that is unreasonable I believe. So you will have to check with a lawyer.
The notery only verifies that u signed the document.
2006-08-28 17:09:35
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answer #5
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answered by mannmk7 2
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Not necessarily. Under U.S. common law, a contract must have COALL:
Consideration (each party must give up something to its detriment)
Offer
Acceptance
Legal Capacity of enter into a contract (u can't be under eighteen, adjudicated insane, or drunk)
Legal subject matter.
"COALL" !
2006-08-28 17:05:00
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answer #6
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answered by Anonymous
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If a contract contains something that is considered illegal in the state, it can't be enforced legally.
2006-08-28 17:01:44
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answer #7
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answered by JULIE J 4
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Did you elect for to sue your better half for violating between the vows? it is gotta be the obey one. it is a stressful one. i might fairly decide for to sue my better half and have the courtroom award that he ought to positioned the grimy clothing interior the bathroom down and do the dishes. i might have a much greater useful to leg to stand on if I had a courtroom order to enforce those products. exceedingly if he had to chosen between spending the night interior the pokey and doing the dishes.
2016-10-01 00:55:37
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answer #8
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answered by Anonymous
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yes
2006-08-28 17:01:28
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answer #9
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answered by Anonymous
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need much more info....many here would help.....
2006-08-28 17:02:44
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answer #10
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answered by scott n 2
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