Littleton, CO asked in Real Estate Law for Colorado

Q: My Husband signed both of our names on ctm econtract. Is it valid ?

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1 Lawyer Answer

A: From a strict technical legal perspective, absent a power of attorney agreement, no person can legally bind another without consent. That said, in the real world married couples often sign on behalf of the other. For the overwhelming number of situations it really does not matter. This partly happens because US law is not rigid, so it is possible to impute designation to another based on a lot of esoteric legal rules. In law school, many professors have endless "fun" playing with the little technical details and special rules, but in the real world these seldom come up.

If you do not want to be bound by the agreement notify the agent and parties ASAP to note that you did not consent. Be aware that the lack of consent may not terminate the agreement. You likely do not need to contact a lawyer, but if you want to void the agreement it may be advisable to contact (and pay for) an attorney's advice.

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