friend 1 has a car, friend 2 needs a car so they write up a not so well thought out contract stating I can't ask for it back and you can't give it back. the car is still in Friend 1's name so Friend 1 still owns it. They sign it and have notarized. Would it hold up in court?
2007-03-04 23:40:54 · 6 answers · asked by J 1 in Politics & Government ➔ Law & Ethics
friend 1 has a car friend 2 needs one they write up a not so well thought out contract and have it notarized, friend 1 wants the car back. does having it notarized make it legal and would it hold up in court
2007-03-04 23:44:17 · update #1
Notarizing a document doesn't make it legal it just makes it official.
2007-03-04 23:45:07 · answer #1 · answered by Enigma 6 · 1⤊ 0⤋
First of all, a personally drawn up contract of any kind is subject to the scrutiny of a judge, the judge can decide, or not, if the contract is legally binding, or not, with OR without a "notarized" signature. A notarized signature simply means that a notary saw the person sign the contract, and may or may not help. It is totally up to the judge.
For example, let's say two people agree to a sale, but their "contract" doesn't SPECIFY the details enough of the EXACT product sold. The person signing the "contract" could claim that the item he/she was actually given, or took possession of, was in fact NOT the agreed upon item. If the "contract" doesn't have the details, notarized or not, the Judge may side with the the buyer!
2007-03-05 07:47:49 · answer #2 · answered by Life after 45 6 · 0⤊ 1⤋
a contract has to have consideration for it to be valid. a contract like you describe has no consideration, promising not to ask for the car back doesnt count. now if they wrote the contract again and friend 2 promised to do something in return for the car, either pay or perform some kind of service in exchange you would have a valid contract. friend 2 would still have to go through registering the car and paying taxes. notorizing the contract doesnt have any effect except to prove who signed the paper.
2007-03-05 08:08:36 · answer #3 · answered by michael q 2 · 0⤊ 0⤋
All a notary public does is attest to the identity of the person or persons signing a document. being a notary does not entail being an attorney, & being notarized gives no particular validity to a contract.
2007-03-05 08:17:10 · answer #4 · answered by SantaBud 6 · 0⤊ 0⤋
sounds like a contract a 2nd year Harvard law school student would draw up.. pay attention: friend 2 says here is a thousand dollars cash for your car. if you take the money it is a contract.. just to be safe write it that way . go to the department of transportation and exchange keys and cash when the title is transferred out of your name.
2007-03-05 08:26:11 · answer #5 · answered by Anonymous · 0⤊ 1⤋
It will hold up in court.
2007-03-05 07:46:09 · answer #6 · answered by mamasquirrel 5 · 0⤊ 1⤋