I need to know that if an agreement that a non-attorney writes is legal. And, if the agreement is not notorized, is it still binding? Can both parties still be held responsibles for the terms of the contract?
2006-09-27 13:51:27 · 14 answers · asked by jabbamonkey 2 in Politics & Government ➔ Law & Ethics
This would be based on New York State Law ...
2006-09-27 13:51:56 · update #1
You can write it yourself and it would be binding, IF, big IF, the terms of the contract don't violate state law. If it's something simple like buying a cow, you'd be fine. Buying a piece of land, not so simple, you might have problems later.
Notorized is always better, it proves the signature is genuine if you do end up in court. If someone says that's not me, you have to have proof they did commit to the contract.
2006-09-27 14:01:29 · answer #1 · answered by Anonymous · 2⤊ 0⤋
As an attorney I can say that the answer is no to both. Maybe a good idea but no. As stated by numerous other people, oral agreements are valid unless the violate the Statute of Frauds.
The Statute of Frauds sets the minimum amount you need to have a written contract. In most states it is set between $500 and $1000. Get over that amount and it needs to be written. It also applies to intrestss in land lasting more than one year. Even an oral contract is valid however if you begin performing on it, however you may only get recission (gets you back what you had before you started) instead of breach of contract damages (what you lost by the breach).
Case law indicates that in many cases it need not even be signed, so long as both parties have looked at and agreed to the writing.
Keeping in mind that there is a pretty low bar to what constitutes a contract, pretty much anything written will work.
With that said, get it witnessed and notarized if you can.
2006-09-28 03:23:21 · answer #2 · answered by fortonmi 2 · 1⤊ 0⤋
Actually, most contracts do not need to be written at ALL in order to be binding. All you need is an agreement, and some witnesses to prove what was agreed to.
Oral contracts are usually binding, with a few statutory exceptions (like the sale of land). What makes the contract binding is that some good or service has changed hands with the expectation that some compensation was due.
The only purpose for the notary is to prevent fraud (no fake signatures). The signature only proves that you were there, you read the contract, and that you intended to enter into the contract.
The purpose of the written contract (as opposed to an oral agreement) is to prevent someone from arguing over the exact terms of the contract later.
2006-09-27 14:05:43 · answer #3 · answered by Randy G 7 · 2⤊ 0⤋
A contract can be written by anyone and be legally binding. Using an attorney often helps ensure that the language is consistent with relevant laws. Some contracts can be valid without being in writing. Every state requires certain contracts to be written. Notarizing a contract provides evidence that the signatures are valid. It is usually not required for the contract to be enforced. Keep in mind, you only need to enforce a contract if one party is not abiding by it. In that case, the more proof the better.
2006-09-27 14:22:35 · answer #4 · answered by STEVEN F 7 · 2⤊ 0⤋
No need for an attorney, but in order for a contract to be valid, it needs to have these four elements:
A meeting of the minds between the parties demonstrating they both understand and agree to the essentials of the deal
Consideration (something of value exchanged by each of the parties, such as cash, goods or a promise to do something)
An agreement to enter into the contract (typically evidenced by both parties signing a written contract, although oral contracts can be valid too in some situations)
The legal competence of each party, meaning the parties are not minors and are of sound mind.
2006-09-27 14:03:03 · answer #5 · answered by Baracus Life 2 · 3⤊ 0⤋
If it is an agreement between you and some one else and you both sign it, it's a contract/ agreement. no need for an attorney
2006-09-27 14:00:44 · answer #6 · answered by littlegoober75 4 · 1⤊ 0⤋
As far as I know, the contract only need be notorized. But to be sure I would check with a lawyer.
2006-09-27 13:59:15 · answer #7 · answered by kimberleibenton 4 · 0⤊ 0⤋
A contract can be written on a brown paper sack in catsup by a chimpanzee and as long as it is legible and signed by both parties it is binding.
2006-09-27 13:54:17 · answer #8 · answered by Chris 5 · 1⤊ 1⤋
Attorney no
notorized yes
2006-09-27 13:54:55 · answer #9 · answered by Mario Savio 6 · 0⤊ 1⤋
Depending on what type of contract. Its always good to have a witness when signing one and make sure the witness signs too
2006-09-27 13:53:59 · answer #10 · answered by vindezeal 3 · 2⤊ 1⤋