Denver, CO asked in Contracts and Real Estate Law for Colorado

Q: For contracted work on our family cabin, does it have to be me who signs? I'm the only one on Deed.

I'm told technically the contract is not valid. I ask because my uncle singed the contract, and I was under the impression that the contractor is responsible to fulfill his obligations under the contract to the person signing, regardless of whether or not the person signing is on the actual property deed. Technically, in Court, can anybody sign on a property that is not Deeded to them?

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1 Lawyer Answer

A: It is not a requirement that the party contracting for services on real estate be on the deed. However, as a general rule contracted work on any property requires the consent of the owner. Based on your facts, it would be imputed that your uncle had implicit authority to act as your agent (via his presence on the property and your authorization, etc.). In other words, from a legal perspective your uncle's signature would likely be treated as your own signature. Like all things in law, there are some exceptions to this rule (mostly related to fraud or misrepresentation).

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