Is it fair to say that if a lease is not sign by the property owner that it is not honored as a validated contract? The le...
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Answer:
A signature is a symbol that signifies intent. The definition of "signed" in the Uniform Commercial Code includes "any symbol" so long as it is "executed or adopted by a party with present intention to authenticate a writing." The primary focus is on the "intention to authenticate". A signature may signify an intent to be bound to the terms of the contract, however, other manners of acceptance may be made, such as performing under the contract. The Statute of Frauds requirements can still be enforceable if there’s been “partial performance.”
That occurs when the buyer or seller have done something that shows they’re holding up their end of a deal. By performing part of the agreement, they’ve gotten far enough along so that it would be unfair to not enforce the contract and leave them empty handed.
