Legal Question in Real Estate Law in California
Real Estate forged signature
If the selling real estate agent forges the buyers signature on an offer agreement does that make the entire agreement void?
3 Answers from Attorneys
Re: Real Estate forged signature
If the buyer didn't sign it (or authorize someone to sign it on his/her behalf), the buyer is not a party to the contract. For virtually all purposes (there are always exceptions) it is as though no signature appears on the page.
Proving that your version of the facts is the truth is another story.
Re: Real Estate forged signature
As opposed to void, it means there was never any agreement at all. Additionally, there was fraud on the part of the agent. In terms of enforcement, the other side may try to argue actual or ostensible agency (i.e. that the agent had authorization of the principle to sign in his/her stead).
Re: Real Estate forged signature
Forgery means signing someone else's name without consent. If that is the fact, the contract is voidable by the buyer.