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Incorrect signature, invalid contract?

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kfcwdcr

Junior Member
Kansas

If I sign a contract and the other party signs only "XYZ LLC" or whatever the LLC name is; is this a legal contract? Is the other party required to sign their name or is this acceptable?
 


Zigner

Senior Member, Non-Attorney
Kansas

If I sign a contract and the other party signs only "XYZ LLC" or whatever the LLC name is; is this a legal contract? Is the other party required to sign their name or is this acceptable?
What type of contract?
 

LdiJ

Senior Member
Kansas

If I sign a contract and the other party signs only "XYZ LLC" or whatever the LLC name is; is this a legal contract? Is the other party required to sign their name or is this acceptable?
I cannot imagine any scenario where that would be a legally enforceable contract. The person could sign it, John Doe, President of XYZ LLC, or maybe even John Doe, president of XYZ LLC, for XYZ LLC, but otherwise its not valid.
 

quincy

Senior Member
Kansas

If I sign a contract and the other party signs only "XYZ LLC" or whatever the LLC name is; is this a legal contract? Is the other party required to sign their name or is this acceptable?
What sort of contract are you talking about?

A contract presented to you for your signature by XYZ LLC can be valid if signed "XYZ LLC" or if signed only by you.

It is the LLC's contract. The contract terms were already agreed to by the LLC because the LLC drafted the document. The contract is the LLC's offer.

With your signature, you are agreeing to the terms set by the LLC. Your signature on the contract is your acceptance of the LLC's offer.
 
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kfcwdcr

Junior Member
It is a rental agreement that was presented to me by a representative of the LLC. It automatically renews yearly unless notice is given.

I noticed that the area designated for the lessor signature was signed by the LLC, not an actual person. This seemed strange to me and I was hoping it might be a way out without having to wait nearly another whole year.

I'm not much of a writer, but even I can see that it's poorly written. It's full of spelling errors and parts that have been scratched out and other parts that have been handwritten in. As an example, one sentence says that I CAN have a pet and the very next sentence says that I'll be fined if a pet is found. I did sign it, so I'm not sure if all those screwed up parts count for anything or not.

Anyway, the signature or lack of is really what I was wondering about. Thanks.
 

quincy

Senior Member
It is a rental agreement that was presented to me by a representative of the LLC. It automatically renews yearly unless notice is given.

I noticed that the area designated for the lessor signature was signed by the LLC, not an actual person. This seemed strange to me and I was hoping it might be a way out without having to wait nearly another whole year.

I'm not much of a writer, but even I can see that it's poorly written. It's full of spelling errors and parts that have been scratched out and other parts that have been handwritten in. As an example, one sentence says that I CAN have a pet and the very next sentence says that I'll be fined if a pet is found. I did sign it, so I'm not sure if all those screwed up parts count for anything or not.

Anyway, the signature or lack of is really what I was wondering about. Thanks.
You signed the lease agreement even though you questioned the way it was written? I hope you don't intend to have pets.

The contract can be legal and binding and the terms that are not contradictory or ambiguous potentially can be enforced.

The "XYZ LLC" signature is not what would concern me. More worrisome is that you apparently are renting from an inexperienced or moronic landlord.

Good luck.
 

kfcwdcr

Junior Member
I knew some people who recommended this guy, so I skimmed it, but didn't really give it the attention I should have. I noticed most of that stuff later. I don't have or plan to have pets. Lesson learned I guess. I will be fully reading all contracts from here on out. FYI, after I talked to him some, he isn't inexperienced, he is just a moron. I appreciate the replies.
 

quincy

Senior Member
I knew some people who recommended this guy, so I skimmed it, but didn't really give it the attention I should have. I noticed most of that stuff later. I don't have or plan to have pets. Lesson learned I guess. I will be fully reading all contracts from here on out. FYI, after I talked to him some, he isn't inexperienced, he is just a moron. I appreciate the replies.
The importance of reading all contracts carefully before signing is a good lesson to learn, although it tends to be a lesson best learned before signing a contract. :)

Good luck. I hope you will have a problem-free tenancy.
 

adjusterjack

Senior Member
I knew some people who recommended this guy, so I skimmed it, but didn't really give it the attention I should have. I noticed most of that stuff later. I don't have or plan to have pets. Lesson learned I guess. I will be fully reading all contracts from here on out. FYI, after I talked to him some, he isn't inexperienced, he is just a moron.
Considering your mistake in signing a contract that you didn't thoroughly read and understand or address, that seems a bit like the pot calling the kettle black.

:D
 

HRZ

Senior Member
I will agree IF you signed the LLs offer then it's most likely a deal ...you accepted it and you performed under it .

WIth one or two points to cross check....some leases are written such that they are not valid until signed by both parties and if the author put in such language and then created an ambiguity as to LLs signature the LL has a problem , he wrote the lease!

In my jurisdiction, I don't know about yours, if the named lessor did not hold a required regulatory license to rent units , the unlicensed lessor might also run into enforceability / validity problems .

It may be simpler and safer to negioate an early exit...get it in clear plain English writing this time !
 

quincy

Senior Member
I will agree IF you signed the LLs offer then it's most likely a deal ...you accepted it and you performed under it .

WIth one or two points to cross check....some leases are written such that they are not valid until signed by both parties and if the author put in such language and then created an ambiguity as to LLs signature the LL has a problem , he wrote the lease!

In my jurisdiction, I don't know about yours, if the named lessor did not hold a required regulatory license to rent units , the unlicensed lessor might also run into enforceability / validity problems .

It may be simpler and safer to negioate an early exit...get it in clear plain English writing this time !
The question was whether a contract can be valid with only one signature. The answer to that question is "yes." In fact, a contract can be legal and binding with no signatures at all (oral contracts).

The lease itself may have some unenforceable terms depending on how it is written but the lack of a personal signature by a representative of the LLC does not make the contract invalid.
 

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