Legal Question in Civil Litigation in Virginia

Automobile Sale

1)If a contract is not signed with authorization by the seller, is it still legal and binding?

2)If the contract does not have a signature, is it still enforceable?

3)If a dealer gives oral change of a contract, is it binding verses a written contract without a signature?

4)If the buyer does not sign a sales contract, is it still enforceable?


Asked on 3/01/04, 11:38 pm

1 Answer from Attorneys

Daniel Hawes Hawes & Associates

Re: Automobile Sale

Your questions assume the commonly mistaken idea that a contract is a piece of paper. A contract is the deal, the piece of paper memorializes the deal but is not itself the deal. You can have a contract that is entirely oral or even inferred because of assumptions the law makes about the intentions of parties based on their behavior.

Most of your questions ask about enforceability.

I would point out that a contract for the sale of goods in Virginia must be in writing and signed by the party to be charged where the cost of the goods exceeds $500, and that a signature is not the same as an autograph: a signature is any sign or symbol used or adopted with the present intention to authenticate a writing.

But you're asking for legal conclusions about hypothetical situations, so I can't tell what's really going on. I realize you're trying to boil the issues down so as to avoid prejudicing potential respondents, but unless I have some idea of what the facts are, I can't express an opinion.

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Answered on 3/02/04, 6:19 am


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