I loaned someone money, there was a contract, but I never signed the contract. Is it valid without my signature?

Asked over 1 year ago - La Quinta, CA

I loaned someone money and he had a contract made up, but I did not agree to the terms of the contract and have never signed it. He signed it and left it with me and wanted me to sign it and return it to him. We already had a oral agreement for the repayment of the loan. Is the written contract good even without my signature?

Attorney answers (2)

  1. Nicholas Basil Spirtos

    Contributor Level 20

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    Answered . As long as it was signed by him, it would be binding on him, with or without your signature. He could raise a defense that the written agreement is not binding since you never agreed to it. That would come down to whoever the judge believes. A verbal agreement is just as enforceable as a written agreement, so if the written terms were the same as your verbal terms, then it might not make a difference.

  2. Michael Raymond Daymude

    Contributor Level 20

    2

    Lawyers agree

    Answered . If your friend is the person obligated by the K to make the payment, the K is good as against your friend without your signature. Still, there could be other reasons that the K is not enforceable and at best you could only enforce the terms stated.

    I am licensed in California only and my answers on Avvo assume California law. Answers provided by me are for... more

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