Is a contract legal, in California, if both parties have not signed the contract?
3 Answers from Attorneys
There are a few types of contracts that need to be in writing and signed by the parties, to be valid. Every other type of contract may be made orally or otherwise. I suggest that you discose the nature of the contract, in question, and pay the forty buck to get a complete answer.
Disclaimer: The materials provided below are informational and should not be relied upon as legal advice.
Mr. Saltzman is correct. Also, from a legal standpoint a "signature" is a symbol of authentication. So, for example, printing your name or applying your fingerprint may have the same effect as "signing" the contract. When the contract needs to be in writing, it needs to be signed by the party who a claim is brought against. You should consult your own attorney to protect your legal rights.
I'd accept the preceding answers as "not wrong," but also not complete. The essence of contract formation is that both parties intend to be bound at the time of reaching the at the time of making the agreement. While many oral contracts are completely enforceable, the lack of signatures on a written agreement may indicate an intentional pause in the development of the contract, and that there has not yet been a meeting of the minds.
Related Questions & Answers
Can the company I work for take back commissions paid out to me because of an... Asked 3/09/10, 12:14 pm in United States California Business Law
I own a small mortgage brokerage in california. We do not have any employees but do... Asked 3/08/10, 11:13 pm in United States California Business Law
In California, is one allowed to market ficticious business names with ficticious... Asked 3/08/10, 7:42 pm in United States California Business Law
Can i sue my employer if they send me home due to my hair if there is nothing in the... Asked 3/08/10, 7:19 pm in United States California Business Law
Hi, I know that it is illegal, if I bake cookies in my home kitchen and sell them at... Asked 3/08/10, 5:31 pm in United States California Business Law