Help with contract question

[2pugsrtrble]

We have been with out alarm system company for 7 years and signed the initial contract 7 years ago and it has auto renewed every year. We went to switch our alarm company and were told by our old alarm company 2 months ago your wife signed a new contract when the alarm company changed your monitor from a land line to a cellular monitor. Sure enough, the front page has a big work order for $99.00 and a small paragraph that says by signing you agree to a new three year contract. If you cancel early you must pay $750. We have tried calling and explaining she signed for a repair but keep getting told " she should have read the contract ". The contract only has my name on it and I have not given my wife POA. In Oklahoma, can a wife sign her spouse into a contract? I see this like your getting a tire fixed for 35.00, you sign a repair for 35.00 and then being told you just bought a new car.......

 

[adjusterjack]

In Oklahoma, can a wife sign her spouse into a contract?

Of course.

In the business world it's called "apparent authority."

https://en.wikipedia.org/wiki/Apparent_authority

Applies to married couples, too.

You gave her the authority to sign papers for the alarm company. As far as the alarm company is concerned she had the authority to renew the contract and bind you do it.

So, yes, she should have read and understood what she was signing.

As for the tire vs car example, it's apples to oranges but it's true for that, too. If you send her to buy a tire for $35 and she signs for a new car because she didn't bother to read what she signed, then you're as much stuck with paying for the car as she is. Marriage is two people in a boat. One pokes a hole in one end of the boat, the whole boat sinks.

 

[2pugsrtrble]

Of course.

In the business world it's called "apparent authority."

https://en.wikipedia.org/wiki/Apparent_authority

Applies to married couples, too.

You gave her the authority to sign papers for the alarm company. As far as the alarm company is concerned she had the authority to renew the contract and bind you do it.

So, yes, she should have read and understood what she was signing.

As for the tire vs car example, it's apples to oranges but it's true for that, too. If you send her to buy a tire for $35 and she signs for a new car because she didn't bother to read what she signed, then you're as much stuck with paying for the car as she is. Marriage is two people in a boat. One pokes a hole in one end of the boat, the whole boat sinks.

I read the web page you referenced and still not understanding: If the mortgage is solely in my name, and the alarm contract is solely in my name, my wife can enter me into a contract without POA?

 

[adjusterjack]

If the mortgage is solely in my name, and the alarm contract is solely in my name, my wife can enter me into a contract without POA?

Because you said she could.

She didn't need your written POA to bind you to something she signed on your behalf.

"Apparent authority" exists for the protection of third parties who perform services that the are entitled to be paid for.

If you didn't want her to sign stuff for you, you should have handled the change from land line to cellular yourself. If you continue to allow your wife to act for you with third parties you will be bound by any arrangements she makes on your behalf.

I don't know how to explain it any simpler than that.