Legal Question in Civil Litigation in California

legal contracts

Is a contract legal and binding to both parties if both parties have not signed the contract.


Asked on 2/17/09, 8:18 pm

3 Answers from Attorneys

Kendra Thomas Law Offices of Thomas & Associates

Re: legal contracts

Generally to have a binding contract, both parties must sign it. However, there is room for gray area given these facts. There are facts that could constitute acceptance of a contract where a party has not signed the contract (for example, it they have started performance under the contract, or they drafted the contract and just have not gotten around to signing it).

It may behoove you to explain your situation, in full, to an attorney who can analyze the facts surrounding the contract.

Please let us know if you require more information or assistance.

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Answered on 2/17/09, 8:27 pm
Edward Hoffman Law Offices of Edward A. Hoffman

Re: legal contracts

A contract is an agreement. The written document containing the terms of that agreement is not the same thing as the agreement itself. Parties often agree to specific terms before signing the document, and sometimes they become bound before signing.

Certain types of contracts must be in writing, but others can be oral. An agreement that could have been oral but is written down anyway can easily become binding before the written version is signed.

Even where a contract must be in writing, it is possible for a party to become bound by his actions, or even those of other parties if taken in reliance on his promise.

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Answered on 2/17/09, 9:05 pm
Daniel Bakondi The Law Office of Daniel Bakondi

Re: legal contracts

It depends. I can make good arguments either way, depending on the details of the facts. You cannot address your issue like this. I am happy to give you a consultation which may be worth your while.

Best,

Daniel Bakondi, Esq.

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Answered on 2/17/09, 9:39 pm


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