Is a written and signed agreement between2 people legally binding?

UPDATED: Oct 13, 2011

Advertiser Disclosure

It’s all about you. We want to help you make the right legal decisions.

We strive to help you make confident insurance and legal decisions. Finding trusted and reliable insurance quotes and legal advice should be easy. This doesn’t influence our content. Our opinions are our own.

Get Legal Help Today

Compare Quotes From Top Companies and Save

secured lock Secured with SHA-256 Encryption

Is a written and signed agreement between2 people legally binding?

My husband is purchasing a boat from a man who recently purchased a boat. We have a cashiers check in his name from our bank. The seller has not paid the taxes from when he purchased a few weeks ago. We were going to pick up the. Oat this weekend and the seller said he was going to pay the taxes on Monday, sign he title and mail it to us. I am uncomfortable with this, but my husband insists he’ll just write out an agreement that both of them will sign. Will this hold up in court should this purchase not work out in our favor?

Asked on October 13, 2011 under Business Law, Texas


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 11 years ago | Contributor

A written and signed agreement between two people is a contract; contracts are enforceable. So a contract will be enforced by a court if need be, which means that if the other side does not perform its obligations, you may be able to--

1) Possibly get a court order forcing the other party to do what it was supposed to; and/or

2) Sue for compensation--that is, to recover any losses or economic damages you suffered.

That said, having to sue to enforce a contract itself costs money and takes time; also, it possible to sometimes sue and win but still be unable to get what you're entitled to, such as if the other party has no assets or income, or sufficiently hides his assets or income, etc. Therefore, if you feel that the other side is not trustworthy, you should not transact business with him.

IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

Get Legal Help Today

Find the right lawyer for your legal issue.

secured lock Secured with SHA-256 Encryption