Is Witness or Notary needed - Posted by Brian

Real Estate Investing Real Estate Law
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Posted by eric on November 19, 2004 at 10:00:49:

Notarized documents are generally only needed for recording purposes, and ususally with deeds. A contract or agreement does not have to be “witnessed” to be binding.

Fax signatures are generally accpetable.

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Is Witness or Notary needed - Posted by Brian

Posted by Brian on November 18, 2004 at 12:21:40:

Hi there
I am working on a sandwich lease option and am very close to finalizing negotiations with both parties. I have some questions regarding signitures though.
Does a witness need to be present for signitures to be valid and enforceable in court of law?
The owner of the home now moved out of state to Boston and I have been corresponding with him via fax. Is it okay for both parties to sign the contract then fax it over to the other party?
Does there need to be a witness? If so, should witness be a notary?
The lady that works in the cube across from me is a licensed notary so that could be an option if needed?

You guys and gals on here are so great to share your time, wisdom and knowledge with us newbie’s.
Bless your heart
Brian

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Re: Is Witness or Notary needed - Posted by John Merchant

Posted by John Merchant on November 19, 2004 at 13:54:19:

Uniform Electronic Transmission Act (UETA), and individual state versions of it, have been enacted in many states, making Fax & email correspondence legally equivalent to “written documents”…for purposes of admissible evidence.

While a witness does not HAVE to exist re proof of a deal or contract, without a witness or doc in writing, isn’t it just his word against yours?

So I advise using a witness in all deals, even those which I do NOT want recorded so haven’t used a Notary Public.

As you know, no document can be recorded in deed records if it has NOT been notarized, and there are some which are really not in my best interest to record…so no NP is included.

But do take a W along and prime him/her to listen carefully, taking notes even, so whenever I’m dealing with somebody I think might turn on me in the future, and claim overreaching, or duress, or mental incompetence (their’s, not mine :wink: ), I take a W to back up how straight I was and how clearly the other person actually comprehended the deal, etc.