Legal Question in Technology Law in New Mexico

in New Mexico are scanned or faxed document signatures legally binding


Asked on 3/09/14, 7:53 pm

1 Answer from Attorneys

John Mitchell Interaction Law

The "signatures" are never legally binding. Signatures can't make agreements with each other. The question is whether there was an agreement between two or more parties, and whether that agreement is legally binding. Scanned or faxed documents are merely evidence of a written agreement. If, for example, Charlie says, "I never agreed to mow Amy's lawn for $35," and Amy shows up with a scanned and faxed document with Charlie's signature, the document will be evidence of the agreement. If Charlie says, "but that's not my signature," or "that's not the agreement I signed because the one I signed had a different price," then Amy will want to try very hard to find the original, or evidence that it is a copy of the real thing. But again, the issue is always whether there was an agreement and, if so, what was the agreement. What is legally binging is the agreement. In most contracts, there need not be a signature at all. A signature on a piece of paper just helps prove that there was an agreement, and the terms of the agreement.

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Answered on 3/09/14, 9:12 pm


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