Legal Question in Real Estate Law in Washington
Notarized Signatures
Who is responsible for financial consequences incurred when a notarized signature is not the signature of the person named on the contract? Example, The person named as the tenant is John Smith. The notary area says ''I affirm that John Smith (Sam Smith) appeared before me''. The signature says John Smith, but the person that signed is Sam Smith. These are two different people. Sam signed the lease, but broke it. Can I sue him for breach of contract or will it not hold up since the contract isn't really with him? Is the notary public responsible for not making sure this was the person that signed the contract?
1 Answer from Attorneys
Re: Notarized Signatures
The notary is responsible to ensure that the person signing is the person to be bound. However, a notarization is not necessary for a rental agreement and you can sue the tenant, regardless of who signed the notarization. However, if the wrong party was the only party signing the lease you may have some difficulty proving the agreement. If you have evidence that the correct party lived their you may be entitled to payment from that person. You should contact an attorney to discuss this matter.
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