Is a contract binding without a signature?

Question

Here's the background first:
We are working with a home study agency for adoption and recently needed an updated home study in order for our adoption to move forward. In the state of California, two post placement visits are required AFTER you adopt a child.

We haven't gotten that far yet but this agency is now saying that they will not release our recently updated home study (which we paid $350 for and is holding up our adoption) until we pay them another $700 for post placement. They say we knew about this because they sent us a contract. But we never signed the contract - honestly we overlooked it. So they took our money and did the home study without a signed contract from us for the FUTURE post placement. They say we are bound by the contract because we allegedly knew about it.

So are we bound by a contract that we overlooked and never signed?

Does anyone know of a Law Code we can refer to?

Thanks so much in advance for your help!!!!

Answer 1

Without your signature, that contract is just a piece of paper. A valid and binding contract should have three essential requisites referred to as the three c's - the cause, the consideration and the consent. Consent is the meeting of the minds between the obligor and the obligee such that they agree completely with respect to the cause and consideration. Without such meeting of the minds, a contract is not perfected.

From what I gather in your explanation, you did not give your consent to the contract. Hence your agreement with the home study agency suffers from a serious and fatal infirmity. The lack of consent is evidenced by your not signing on the dotted line. A contract tainted by a vice of consent is at best an unenforceable contract. It can only be cured by your express acquisence to the terms and conditions attached to it. Since you have denied having signed the document, the agency cannot force you to pay up. When they had received the unsigned contract that you sent them back, the agency should have called your attention for the oversight right away or called off the deal right then and there. The fact that they continued to receive payment knowing they had no valid contract on hand should hold them responsible for the risk that they take.

I cannot quote to you the jurisprudence in my area since it could be completely different from yours and do more harm than good. I suggest you do a background check on the company since it might be one of those scams. You might have a case against the agency for extortion. Good luck.

Answer 2

The above answers claim that a contract is not binding with signatories. But another opinion is that an electronic contract, (email) contract is viable without signatures. What is the real answer?

Answer 3

The reality is if you want THEIR post placement study then you will have to pay for it. In other words - you won't get what you need (Post Placement Study) without paying them.

Your other option is to hire someone else to do the Post Placement Study - but not only will that be more expensive it will look bad for your adoption in the eyes of the Judge.

As a new parent who is supposed to be responsible AND a good influence and role model for your children - just because you overlooked something or didn't sign something as a technicality doesn't mean you get a "freebie" on someone else's dime.

What you say in your question is "I want that report and I don't want to have to pay for it because I didn't sign anything saying I would". Legally speaking, they can easily say "you didn't pay for it, we have no contract with you stating we have to provide it for free - so we don't have to give it to you". No judge is going to force them to give you something for free.

You have a moral obligation to do what is right. These people worked hard for you, you need the Post Placement Report - so do what is right and pay them. It doesn't make sense not to pay them and the judge would not think it is "cool" that you are trying to take advantage of a business by demanding they give you something for free.

Answer 4

The above answer is right - this merchandise has been mis-bought and how the broking is performing is very shady. shop understand all correspondence and all the flaws that are incorrect with the boat, surprisingly something that is going against the words of the settlement, or what you have been initially informed earlier you paid. no remember if or no longer the settlement develop into signed does not remember here - what you have been bought and what to procure have been distinctive, so which you have the right to take the guy to courtroom. Write/call and tell him which you would be commencing criminal courtroom circumstances except your money is back, and if that doesn't get a reaction, bypass and function a communicate with a solicitor.

Answer 5

Generally, contracts without signatures are not valid. However, in this case, the most likely explanation is that when you initially signed the agreement, it had a clause stating that they could modify the contract by sending you amendments. Anything they send you is therefore technically an amendment to the contract, and is binding.

Answer 6

you paid for the money rs 350 and so it is binding consent given

Answer 7

Unless you had previously signed a contract, with that "provision" clearly stated, there is no legally binding contract without a signature.......

But, you may find the information specifically unique to your situation below:

Answer 8

Looks like they could be getting taken for a ride.
Not all verbal contracts are binding.
Could be interesting in small claims court

Answer 9

yes, all a contract needs is a verbal commitment by law. Also electronic contracts are binding even though they have no signatures.

Answer 10

Do you want the child or not?

That is the question.

They will hold your adoption hostage until you pay them what they want.

If you COULD win, it'd take years and years.

Are you willing to wait 5 to 7 years for a maybe?

Pay the fools what they want.

Get your child.

Sue them later.