Legal Question in Real Estate Law in California
If a written contract is signed and dated by both partners does the written contract has to be witnessed to make it binding?
Asked on 7/04/16, 8:11 pm
2 Answers from Attorneys
No, but some contracts must be notarized, most common being contracts for sale of land, but there are others.
Answered on 7/04/16, 11:46 pm
Bryan Whipple
Bryan R. R. Whipple, Attorney at Law
Only a few kinds of documents must be witnessed.......the most common one coming to mind is a will....but even there an exception exists for so-called "holographic" wills which are entirely in the handwriting of the testator, dated and signed. I cannot think of any kind of contract that requires witnesses, but I suppose a party to a contract could make witnesses a condition of his/her/its participation in the contract.
Answered on 7/10/16, 12:10 pm