Addition: Do I have a contract?

[mlmelmo]

My wife just signed a contract for an addition on our house. The contract begins with:

"THIS AGREEMENT made on October 15, 2004 and between ABC BUILDERS, LLC. hereinafter called the Contractor and the Rachelle and Michael Smith, hereinafter called the Owner"

At the end of the contract there is a signature page with a separate place for signing for each of us (Owner). My wife signed the contract and provided a down payment. I did not sign the contract.

We have had nothing but problems with the contractors (I'll leave that to a separate discussion).

Is the contract valid and accepted even though I did not sign it?

If not, what is the proper recourse to have the deposit returned?

 

[mlmelmo]

State = NJ

The state this is taking place in is NJ.

 

[HomeGuru]

My wife just signed a contract for an addition on our house. The contract begins with:

"THIS AGREEMENT made on October 15, 2004 and between ABC BUILDERS, LLC. hereinafter called the Contractor and the Rachelle and Michael Smith, hereinafter called the Owner"

At the end of the contract there is a signature page with a separate place for signing for each of us (Owner). My wife signed the contract and provided a down payment. I did not sign the contract.

We have had nothing but problems with the contractors (I'll leave that to a separate discussion).

Is the contract valid and accepted even though I did not sign it?

**A: yes, of course the contract is enforceable. Whadda ya think your wife is, chopped liver?
*****

If not, what is the proper recourse to have the deposit returned?

**A: N/A due to the enforceability of said contract.

 

[mlmelmo]

"All" parties did not sign?

What I was not sure about was since all parties listed in the agreement did not sign that the contract was not fully executed.

Is the contract strictly with my wife?

 

[HomeGuru]

What I was not sure about was since all parties listed in the agreement did not sign that the contract was not fully executed.

Is the contract strictly with my wife?

**A: I made 2 statements. Read the one in the box and think out of the box.