I never did it and I do not plan doing it, but I am curious.. and wonder, if I sign a contract, like "I 'donate' my house to *insert name*", signed e.g. Scrooge Duck, could the person I donated the house to for fun sue me to give him the promised item?
2007-08-03 00:24:26 · 18 answers · asked by A 2 in Politics & Government ➔ Law & Ethics
It depends on a lot of things.
First, if the intent is to defraud, that's a crime and probably a breach of contract.
Second, if the "fake name" is merely a variant of your real name, but with some technical difference you want to hide behind (that's not my signature, I ALWAYS use my middle initial when I really sign, it not being there means I didn't mean it) you're not going to prevail.
Third, if you are making a charitable gift, that's generally an exception to the rules requiring consideration for validity of contract. The gift becomes binding when they know about it, so you could be stuck if they really believed you were going to give them a house, even before you signed anything. The fact that you signed with a fake name doesn't help you.
2007-08-03 00:31:48 · answer #1 · answered by open4one 7 · 1⤊ 0⤋
The contract is legally binding if no intent was used to commit a crime through using the alias. Take celebrities as an example. They have bank accounts, passports etc. in their celebrity name but if ever they are prosecuted, they are prosecuted in their real name. If the person that you sign your house over to, can prove that he / she knows you as Scrooge Duck, he or she can claim the house. However, should you attempt to challenge it, you could be charged with the criminal offence of "deception" at the very least. If that person claims that they had given you something for the house (a piece of chewing gum), then you will be prosecuted for "obtaining goods by deception" and "using a false instrument" (instrument in law can mean a letter, a guarantee, a cheque etc.). Better go give him your house now! LOL
2007-08-03 07:39:44 · answer #2 · answered by kendavi 5 · 2⤊ 0⤋
It is binding if there was an intention to create legal relationships, and the contract was for a legal act, and not made under duress. But see also, 'battle of the forms' cases.
Without proper consideration, a contract is not binding on all parties if one chooses to withdraw from it...in as much to say that the contract would be deemed 'unenforceable' or 'frustrated'.
2007-08-03 08:59:10 · answer #3 · answered by bottle babe 4 · 1⤊ 0⤋
I think if they could prove it was you, like they saw you signed it, then yes I think your done. But if you signed it in private with a fake name, and it was something done through the mail then you might have a chance.
2007-08-03 07:33:41 · answer #4 · answered by john d 2 · 0⤊ 0⤋
I would think you would be stupid to try it, if their is a whitness signature saying that you made your mark then I would say it was legally binding.
Some folk can't write and just sign a X + whitnessed and it's legal
2007-08-03 07:33:37 · answer #5 · answered by Anonymous · 0⤊ 0⤋
You would be "uttering a forged instrument" and if found out face criminal proscecution. The victim could ask for compensation
2007-08-03 09:14:32 · answer #6 · answered by derek m 3 · 0⤊ 0⤋
Yes, Your sending your life away. LOL I would read all the fine print. Good luck
2007-08-03 07:27:18 · answer #7 · answered by linzee 1 · 0⤊ 0⤋
Yes it is and you would be in trouble for placing a false signature on it.
2007-08-03 07:29:51 · answer #8 · answered by Anonymous · 1⤊ 0⤋
You will not gain anything, you might be sued for perjury depending your state law.
2007-08-03 07:28:46 · answer #9 · answered by Zarzoorner 3 · 0⤊ 0⤋
it is illegal to sign an official document with a fake name
2007-08-03 07:27:59 · answer #10 · answered by Flame 4 · 0⤊ 1⤋