Ok I Have A Truck From An Individual Seller And We Wrote Up A Contract But Wasnt Noterized But He

Is a notarized document legally binding? Why or why not?

Question is :Is a notarized document legally binding? Why or why not?Answer and view:Contents of various documents embodied as a text in them and attested by a notary will inpendently be binding upon the parties executing the same to the extent of the matter and contents contained in each of the documents.Documents are of various kinds , I shall try to analyse some of them alonwith their legal implications. For example:An affidavit is a sworn statement which is tendered and declared under oath by the deponent ie the swearer of the affidavit . The oath is conferred by the notary on the swearer of the same and the deponent is bound by the contents of the affidavit which he has declared when the said affidavit is attested by the notary.An agreement entered into by two or more parties to the same and duly attested by the notary is legally valid in favour or against the parties to the agreement , in respect and the extent of the terms and conditions enumerated and embodied in the said agreement . It is evidence that the said parties to the agreement signed the said agreement in token of its correctness after admitting the correctness of the contents of the said agreement.If the document is a contract duly attested by a notary it is binding on the parties to the contract to the extent of the contents mentioned in the contract document.If the document is certified to be a true copy of the original document and the same is certified do by the notary , legal sanctity is attached to the extent that the original document existed and that the notary had compared the photostat copy with the original prior to his attesting the same.Summarising the above I am of the view that sanctity of truth is inferred from the documents duly attested by a notary.How far the said document is legally effective be differ from document to document as per the contents contained in each of the said documents.Legal sanctity to the extent of the execution of the said documents by the persons mentioned in the documents lies to the extent that the alleged parties to various documents had in reality signed the said documents with an intention to get them Legally enforced if the said documents are attested by the notary under his official seal and signatures.Disclaimer: above is not a legal advice to constitute a client attorney relationship between us.

Is an agreement not signed in a contract legal?

If an agreement is not signed, the terms of it are generally not binding (what I think you mean by legal). Binding means that the parties are legally obliged to carry out their obligations/duties in the contract.However, the agreement may be still valid and binding based on the intention. Intention is very purposive and so in determining whether a contract is binding the courts will look at whether the parties intended to enter into a contract.So to show that an unsigned contract is legally binding, one/several of the following will generally help:Evidence of communication - Emails, phone calls, other conversations.Evidence of a wish to enter into an agreement with one another, which can be both oral or in writing.Any steps that would have been taken by either party based on the reliance of a promise from the other party - e.g. if for example a cake baking business agreed to cater an event and started buying ingredients on that reliance. It would show intention. (this is an example).I hope this helps. This is what I know the law to stand like in the UK. This may vary depending on the jurisdiction. If you have more questions, please don’t hesitate to get in touch with Linkilaw or myself directly.

Is it legal to notarize a document without the person present or knowledgeable of document signing?

The wording in the notarial certificate must be true and correct. There are different types of notarial acts.For an acknowledgement, the signer must acknowledge their signature but does not need to sign before the notary.For a sworn statement or affidavit, the signer must swear or affirm and sign before the notary.For a certified copy, the notary certifies that a copy is a true, complete and correct copy of an original document.For an oath of office, the notary administers the oath. There is no document to sign unless a written oath is required for record keeping.For a proof of acknowledgement, the signer does not need to appear or sign before the notary. Instead, a subscribing witness, who was present when the document was signed, and signed as a subscribing witness, appears before the notary and certifies that the signer signed before them. The signer might be incapacitated or deceased.A designated agent may sign for an absent principal under a power of attorney. The principal does not have to sign or appear before the notary.For a person with a disability, unable to sign, a signature by proxy allows the disabled person to appoint another person, a proxy, to sign on their behalf.In recent years, more states are passing laws to allow remote notarization using two-way audio/video connection by Internet.Notary laws vary by state.Disclaimer: I am not an attorney and this information is not legal advice.

Is an agreement still valid if I did not receive a fully signed copy?

As long as there is, in existence, a version of the agreement that is signed by both parties, and that version of the agreement contains the terms that both parties agreed to, the contract is presumably enforceable.  While it's customary to deliver a copy of the agreement signed by both parties to each party, I know of no legal requirement that it be done.  It's also incumbent upon those who sign an agreement to request or obtain a copy, not to sit on their butts for a year and wait until something comes up to challenge the contract.

How do you sell a car that is not in your own name?

You will have to get the named person or persons on the title to sign the title. Then you can sell the car as your own. It will be like you bought the car yourself from them, whether you actually paid them or not.You can also sell the car if you have a power of attorney from the owner(s) for that purpose. Also, if you are the executor of a deceased person’s will. The exact mechanisms of these two will vary by state, in the US.Caveat: If you have a title that has been signed by the owner, legally you are supposed to title that car in your name, paying the fees and taxes due to the state before you resell the car - IF you do not have a car dealer’s license. By skipping this step you are defrauding the state of their tax dollars. It’s called skip titling. It is done all the time, but it is actually illegal.If you are actually acting as the owner’s agent in selling the car, then you wouldn’t be skip titling. In that case, it would be best to simply have the final sale meeting with the owner(s) and the buyer(s) so the owner can sign the title over to the buyer. As a buyer, I won’t buy a car from someone whose name isn’t on the title, though there are many people who will.

Are agreements made on normal papers (not stamp paper) valid? All the parties involved in the agreement have duly signed it. Can they be used as evidence or proof in a court house?

In India the law that governs contracts (agreements) is called Indian Contract Act, 1872. As far as this Act is concerned it no where provides that an agreement for it to validly recognised in law must be executed on a stamp paper. Thus as a general rule no agreement is required to be executed on a stamp paper for it to be recognised in law.Now let us talk about another law called Indian Stamp Act, 1899. This act makes it mandatory for certain types of instruments (includes agreements) to be stamped as per the Act. So simply speaking, whether a particular agreement is required by the Indian Stamp Act, 1899 to be stamped depends on the type and contents of the agreement.Now the most important question: Why should you listen to the Stamp Act? What if an agreement is required to be stamped and is not stamped by the parties?Section 35 of the Act talks about Instruments not duly stamped inadmissible in evidence, etc. and states that where an agreement is required to be stamped by this Act and is not duly or sufficiently stamped, it would not be received in evidence by the court of law despite the fact that it otherwise may be in accordance with law.Thus an unstamped agreement is no agreement in the eyes of the law. That is how dire the consequences are of not stamping an agreement that is required to be stamped.

Does writing an agreement on plain paper and getting it signed make it a legal document (without any witnesses present)?

There's no such thing as a "legal document" in the sense that you're asking.  I think what you're really asking is whether or not such a signed document would be considered a legally-enforceable contract -- and chances are good that it is, depending on the specific laws of your jurisdiction.In general, at common law, a contract need not even be documented or signed to be enforceable, though to prove the exact agreement it's always advisable to document the promises and consideration, and to prove agreement of the parties, it's always advisable to have the contract signed.  That's it, though - offer, acceptance, and consideration is all that's needed at common law for an enforceable contract.However, there are some things which the law takes more seriously, and which require witnesses or notary seals to validate that the contract was really signed by the people it claims to be signed by.  Wills, real estate transactions, and some transactions over a certain value (defined by the jurisdiction's statute of frauds) would fall into this category.Ultimately, it depends on the laws of your specific jurisdiction, and if you have any real question about whether something you've signed is legally enforceable, you should contact a licensed attorney in your jurisdiction for their opinion on the subject.