Legal Question in Civil Litigation in California
Getting out of a notarized aggreement
I made a written aggreement to pay a certain amount of money to a person and we both signed the aggreement and had it notarized. Now I want to change the aggreement, but the other party is not willing. Is this document legally binding? We are military so we have not specific state.
2 Answers from Attorneys
Re: Getting out of a notarized aggreement
There's no question that you signed the document since you had your signatures notarized! Depending on what it is you're trying to change, perhaps you can find some middle ground with the other party. Perhaps a lawyer or trusted mutual friend can help you both work something out.
Re: Getting out of a notarized aggreement
Without knowing what the agreement says there is no way a lawyer can tell you whether it is binding. Some agreements meet all the legal requirements for a contract and some don't. Notarization is generally not one of these requirements.
The fact that it is notarized has nothing to do with whether the document is a binding contract. Notarization is strong evidence that you really were the person who signed your name on the piece of paper, but that is its only purpose.
Note that even an agreement which does not qualify as a binding contract can become binding on one party if the other acts to his detriment in reliance upon the agreement. Therefore, in order to say whether you are bound by your agreement, I would need to know what it says, the circumstances under which it was made, and what the other person may have done in reliance upon your promise to pay.