Legal Question in Real Estate Law in New York
is a mutual release valid if the document is signed and notarized by one party and only signed by the second party - the agreement was that both parties were to sign and notarize
1 Answer from Attorneys
It depends on the EXACT wording of the agreement, and the purpose of the agreement.
Typically, the notary stamp isn't part of the deal. The notary stamp is just to ensure that the person actually signed the agreement. If there is no dispute that the person signed it, then the agreement is valid.
HOWEVER, if the agreement is that the person sign & notarize a section or an exhibit (for example, the agreement was that a person sign an affidavit or deed, which contains a sworn section requiring a stamp) then the person has not fulfilled this specific requirement, and there is an argument that the contract has been breached.
Dave
http://nylegaladvisor.com