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?


Asked on 5/20/08, 4:59 pm

3 Answers from Attorneys

Benjamin Berger Berger-Harrison, A Professional Corporation

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.

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Answered on 5/20/08, 5:41 pm
Cathy Cowin Law Offices of Cathy Cowin

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).

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Answered on 5/20/08, 5:55 pm
Mitchell Roth MW Roth, Professional Law Corporation

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.

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Answered on 5/20/08, 7:27 pm


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