Legally Binding???

[lvfnchs]

What is the name of your state? CT

Hello. I am in a joint mortgage that I am trying to get out of, since my partner has become abusive. He says that he "may" sign a quit claim if I give him a certain amount of money. I would like to go to a lawyer and have him write up the agreement, and then we would both sign. My question is in regards to the differences between a mediator and a lawyer. If my lawyer writes something up and the abuser signs it without his own or another lawyer present, is the agreement legally binding? Or can he go back on it saying that he didn't have his own lawyer? Also, can a regular lawyer act as a mediator if this is necessary for the agreement to be binding?? Thanks very much.

 

[HomeGuru]

What is the name of your state? CT

Hello. I am in a joint mortgage that I am trying to get out of, since my partner has become abusive. He says that he "may" sign a quit claim if I give him a certain amount of money. I would like to go to a lawyer and have him write up the agreement, and then we would both sign. My question is in regards to the differences between a mediator and a lawyer. If my lawyer writes something up and the abuser signs it without his own or another lawyer present, is the agreement legally binding?

**A: yes, provided the proper elements are there.
*******


Or can he go back on it saying that he didn't have his own lawyer?

**A: he can say anything he want to including.....
"I wish I had a brain"....
***********

Also, can a regular lawyer act as a mediator if this is necessary for the agreement to be binding?? Thanks very much.

**A: there are not too many regular lawyers. Most are stuck up.

 

[lvfnchs]

**A: yes, provided the proper elements are there.
*******
What would the proper elements be? Do you mean something like a disclaimer, stating "I waive the right to my own cousel"?


**A: he can say anything he want to including.....
"I wish I had a brain"....
***********

LOL! I'm wondering if there is any way that he can "take back" his agreement after he's signed the papers?

**A: there are not too many regular lawyers. Most are stuck up.

Too funny!

 

[HomeGuru]

I meant the legal elements in the agreement or contract for same to be enforceable and binding.