Legal Question in Real Estate Law in Florida

Witnessing Documents

In cases involving leases, personal guarantees or promissory notes:

Can a witness to a party signing a document,

be held liable if the signator defaults?


Asked on 10/11/04, 10:26 am

2 Answers from Attorneys

Randall Gilbert Gilbert & Caddy P.A.

Re: Witnessing Documents

NOTE: This communication is not intended as and should not be interpreted as legal advice. Rather, it is intended solely as a general discussion of legal principles. You should not rely on or take action based on this communication without first presenting ALL relevant details to a competent attorney in your jurisdiction and then receiving the attorneys individualized advice for you. By reading the Response to your question or comment, you agree that the opinion expressed is not intended to, nor does it, create any attorney-client relationship, nor does it constitute legal advice to any person reviewing such information, nor will it be considered an attorney-client privileged communication. If you do not agree, then stop right here, and do not read any further.

RESPONSE: Based only on the facts as you have provided, I cannot see how a witness to a signature could be held personally liable without agreeing to be personally liable for the underlying obligation. Good luck.

Randall Gilbert

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Answered on 10/11/04, 4:38 pm
Scott W Barger Barger Law Offices

Re: Witnessing Documents

If only signing as witness, no liability as relates to your queston.

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Answered on 10/12/04, 5:55 am


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