Legal Question in Business Law in Washington
Unauthorized party signing a lease agreement
There are three parties involved: Company A and Company B (owned by the same owner), and Lessor (of equipment).
An employee of Company A signed a lease agreement for equipment with the Lessor, but signed it using Company B's name (without Company B's knowledge or approval).
Company A has gone out of business, and Lessor is claiming Company B is responsible for the lease--even though it was intended for Company A and unauthorized to be entered into as Company B.
Is Company B still on the hook for the lease? Or does it have any grounds to get out of it?
1 Answer from Attorneys
Re: Unauthorized party signing a lease agreement
Without seeing any documents, Company B is responsible for the lease. The issue is one of agency - if the employee was an apparent agent of company B, meaning that lessor had no reason to believe that the employee was not authorized, then company B is responsible for the lease. Company B can then go after the employee for the unauthorized lease.
Please do not hesitate to contact me if you have any questions, or would like assistance in resolving this matter.
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