Legal Question in Business Law in California

Is a contract legal, in California, if both parties have not signed the contract?

Asked on 3/09/10, 2:05 pm

3 Answers from Attorneys

Mark Saltzman, MBA, JD Law Offices of Mark E. Saltzman

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.

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Answered on 3/14/10, 2:13 pm

Robin Mashal HONG & MASHAL, LLP

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.

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Answered on 3/14/10, 2:32 pm
Bryan Whipple Bryan R. R. Whipple, Attorney at Law

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.

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Answered on 3/14/10, 8:01 pm

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