confirmation of contract signed by attorney without power od attorney

[agami]

I have a problem with contract signed in my name by a person that had no power of attorney. I'm interested whether in New Jersey law (or federal law) there are any rules stating that there is a possibility to confirm such contract in order to make it legally valid. Where I can find such provisions.
Thank you for your help.

 

[FlyingRon]

You've lost me. Do you want this contract to be in effect or not? Was this person a real (i.e., admitted to the bar) attorney? Did you have a representation agreement or similar attorney-client relationship?

 

[Ohiogal]

I have a problem with contract signed in my name by a person that had no power of attorney. I'm interested whether in New Jersey law (or federal law) there are any rules stating that there is a possibility to confirm such contract in order to make it legally valid. Where I can find such provisions.
Thank you for your help.

No one can sign YOUR name but you. Even a POA.

 

[Zigner]

I have a problem with contract signed in my name by a person that had no power of attorney. I'm interested whether in New Jersey law (or federal law) there are any rules stating that there is a possibility to confirm such contract in order to make it legally valid. Where I can find such provisions.
Thank you for your help.

You need to tell us a bit more about what's going on, particularly since this is posted in the "Other Real Estate Law Questions" sub-forum.

 

[agami]

OK. English is not my first language and that's why my first post wasn't enough precise.
When I was writting about attorney I meant a person who acts on someone's else behalf, not a legal profession.
In the country where I come from there is a rule:

§ 1. If a person executing a contract as an attorney-in-fact has no authorization or exceeds its scope, the validity
of the contract depends on it being ratified by the person on behalf of whom it was executed.
§ 2. The other party may set the person on behalf of whom the contract was executed an appropriate period in
which to ratify the contract; he is released when that period passes to no effect.
§ 3. In the absence of ratification, a person who executes a contract on another person's behalf is obliged to
return anything he has received from the other party in performance of the contract and to remedy any damage
which the other party has suffered due to the fact that it executed a contract without knowing that there was no
authorization or that its scope had been exceeded.

t means that the contract made by a person acting as an attorney-in-fact without authorization is voidable. In practice, a person on behalf whom a contract was executed, makes an official statement (usually before notary public) in which he/she confirms this contract and says that it was executed on his or her behalf. Of course it is possible as well to say that the contract is void as executed without authorization.

Could you explain me how such situation is regulated in American law (especially New Jersey)? Is there any rules stating that such ratification of contract made with no authorization is possible? How can this be done?

 

[Zigner]

Could you explain me how such situation is regulated in American law (especially New Jersey)? Is there any rules stating that such ratification of contract made with no authorization is possible? How can this be done?

Please explain what your specific situation is. In other words, why do you need to know?

 

[agami]

There was made a contract in which one of the party was "represented" by alleged attorney-in-fact, who had no authorization. In the moment of signing a contract any party knew, that there was a problem with power of attorney. Is such contract void or voidable? Is there any possibility to make it valid?

 

[Zigner]

There was made a contract in which one of the party was "represented" by alleged attorney-in-fact, who had no authorization. In the moment of signing a contract any party knew, that there was a problem with power of attorney. Is such contract void or voidable? Is there any possibility to make it valid?

What was the contract for?
How are you involved in this matter?
Are all parties agreeable to the contract (other than the concern with the signers?)

 

[FlyingRon]

No one can sign YOUR name but you. Even a POA.

Not by itself, but certainly the persons NAME is signed. A power of attorney signature is typically:

Ohiogal by FlyingRon, Her Attorney In Fact.

if the signer had been an actual attorney it would be something like

FlyingRon, atty, for OhioGal

 

[agami]

Contract was made in order to sell a house. All parties agree to it, but there was no formal power of attorney before signing it (poperty is outside USA, so it wasn't registrated). Is such contract valid according to American law? Is there any document that can be prepared stating that a person on behalf whom the alleged attorney-in-fact was acting agrees to this contract?

 

[Zigner]

Contract was made in order to sell a house. All parties agree to it, but there was no formal power of attorney before signing it (poperty is outside USA, so it wasn't registrated). Is such contract valid according to American law? Is there any document that can be prepared stating that a person on behalf whom the alleged attorney-in-fact was acting agrees to this contract?

FINALLY!

Since the property is outside of the US, you will need to follow the law as it pertains to transfer of property in whatever country the property is in. We cannot help you with that. As for the validity of the contract here...why can't all the parties just sign a new contract to replace the old one?

 

[agami]

Thank you very much. I was thinking about this problem as a problem of power of attorney which in my law is governed by the law of the country in which it was given, but you are right, it's rather o problem od validity of a contract and my law should be applicable.

 

[Ohiogal]

Not by itself, but certainly the persons NAME is signed. A power of attorney signature is typically:

Ohiogal by FlyingRon, Her Attorney In Fact.

if the signer had been an actual attorney it would be something like

FlyingRon, atty, for OhioGal

Well, yeah. I can agree with that. I was thinking of me signing FLYINGRON because I am your POA or attorney.