Legal Question in Credit and Debt Law in Iowa

contract law

Wife and husband are buying a car. Husband is not present and signing. Wife calls the husband and he tells her to sign his name. Next day husband brings in copy of drivers drivers license and reviews contract. Ten months later they get a divorce and husband claims no obligation to loan. Who has the obligation to pay? Husband, Wife or Dealer or combination of?


Asked on 3/10/09, 8:26 pm

1 Answer from Attorneys

Thomas Moens Moens Law Offices, Chartered

Re: contract law

Without a written authorization or power of attorney, I would say the car dealer was pretty foolish to accept the wife's signature to bind the husband. How the heck do they know who, if anyone, was on the telephone? Sounds like this could be a real mess, and I really cannot answer your question specifically without more information.

Please do not consider this legal advice, for which I would need to discuss your situation with you in detail, review all of the relevant documents, and probably charge you a bucket of money.

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Answered on 3/23/09, 4:06 pm


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