New car dealership, loan was for both myself and spouse who was not present. I signed contract and intended to return with spouse to pick up car after he signed contract. We did not return- contract was not completed. Is my signature enough to complete new car contract which was based on loan with BOTH of us?
If the loan is made to the both of you, then yes, both of you must sign the loan documents. However, there may be language in the contract that says otherwise. You should speak with the dealership if you are thinking about not going through with the transaction.
Disclaimer: The information provided is for informational purposes only and is not, nor is it intended to be, legal advice. No attorney-client relationship has been created and we have no obligations to you or your case.
Every competent adult has the legal capacity to contract. The legal status of marriage does not diminish one's legal capacity to contract. However, many lenders "require" a married borrower's spouse to sign loan documents, not because the law requires it, but rather, because it makes collection easier if the borrower defaults on the loan.
All communications are for educational purposes only and do not constitute legal advice. No attorney-client relationship shall be formed, or exist, as a result of communication on or through this web site. Please seek and obtain formal legal advice if your situation so requires.
The lender provided the loan on the condition precedent that each of you would be obligated to repay the loan for the purchase of the car. Without the signature of each of you the contract would not be enforceable. Therefore your signature would not be sufficient to bind the vendor to the contract or for you to attempt specific performance of the contract.
No question of this type can be definitively answered without a thorough review of the contract.
The circumstances surrounding the transaction may also affect your rights and affect the determination of what laws determine your rights. For example, if it were represented to you that the deal would not be final until your husband signed the document, that could come into evidence under a breach of contract theory and might also constitute a misrepresentation under the Deceptive Trade Practices Act. Other factors which would affect your rights would be whether or not you ever accepted delivery of the vehicle, whether or not you gave the dealership a down payment and/or a trade-in vehicle, and whether or not the dealership gave you a copy of the documents you singed at the time of the transaction.
Probably the most important missing piece of information is whether or not the dealership is attempting to enforce the agreement.
Years licensed, work experience, educationLegal community recognition
Peer endorsements, associations, awardsLegal thought leadership
Publications, speaking engagementsDiscipline