Rental agreement has a incorrect signature. She signed her mothers name with POA after it. Is the agreement void?

Asked over 1 year ago - Sacramento, CA

She actually thinks she can sign another persons name, if she has POA or is a trustee

Attorney answers (3)

  1. 1

    Lawyer agrees

    Answered . I concur with Attorney Peeples' fine response.

    ** LEGAL DISCLAIMER ** My response above is not legal advice and it does not establish an attoreny-client... more
  2. 2

    Lawyers agree

    1

    Answered . According to the American Bar Association, agents for grantors should sign legal documents one of two ways. Either "Mother, by Daughter under POA". Or, "Daughter, attorney-in-fact for Mother".

    It would also be a good idea that the person actually present the POA as proof it exists. For more information on the ABA's position on POA agreements, click the link below:
    http://www.americanbar.org/groups/real_property...

    Now, whether the lease agreement is void or voidable would be a question of fact. Whether the lease is void from inception will depend on whether the daughter actually had a valid power of attorney to enter into the lease. If the daughter did have POA, then arguably, the signature is still improper in its present form. But then, one would be compelled to ask the question: are you trying to get out of a lease using a technicality not previously challenged? You would be hard pressed to argue that a lease should be cancelled if you have lived somewhere for awhile and are only now challenging what may be an improper signature.

    DISCLAIMER: Brandy A. Peeples is licensed to practice law in the State of Maryland. This answer is being provided... more
  3. Answered . I do not think the lease would be declared void under the circumstances you presented.
    I think "she" would be liable either personally or as a POA even she she did not sign
    properly.

    The answer given does not imply that an attorney-client relationship has been established and your best course of... more

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