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Michael L.
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What makes a contract legally binding?

Michael L.
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Posted Apr 14 2024, 13:21

If 2 business owners create a contract, are their signatures enough to make it a binding agreement or would getting the contract notarized be a wiser decision? Thanks for all feedback...

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Manny Vasquez
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Manny Vasquez
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Replied Apr 14 2024, 13:42

A contract is legally binding when it has the following elements:

1.Consideration - An exchange of value between the parties. If one party doesn't provide consideration, the other party can't enforce the contract.

2. Offer and acceptance - The offer must be lawful, and the acceptance must be expressed, either orally or in writing.

3. Capacity - The parties must intend to engage in a legal relationship and be legally bound by it. This intention can be expressed by the parties or implied by their actions.

    I would say that the signatures of both parties would suffice.  However, as an added step of security and a "just in case", I would get them notarized.  If its a few documents, I don't see why a notary would charge you more than $150.  If you are worried of something happening down the road, get a notary for peace of mind.

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    Ned Carey
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    Ned Carey
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    ModeratorReplied Apr 14 2024, 13:58

    @Michael L. While there is no harm in getting a contract notarized, I have never bothered with hundreds of contracts under my belt. 

    In addition to what @Manny Vasquez said, which is correct, Capacity includeds the age and abilty to enter into a contract. Someone under legal age or without the mental capacity to make a decision regarding a contract cannot legally be bound to a contract. 

    Acceptance of a contract can be verbal but that is harder to prove. Also Real Estate Contracts MUST be in writing. There is no such thing as a verbal real estate contract 

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    Michael L.
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    Michael L.
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    Replied Apr 15 2024, 14:06

    @Ned Carey, thanks for your input and clarity.

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    Michael L.
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    Michael L.
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    Replied Apr 15 2024, 14:09

    @Manny Vasquez, thank you kindly for the great breakdown.