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WALLSTREETFIGHTER
WALLSTREETFIGHTER, Attorney
Category: Legal
Satisfied Customers: 17080
Experience:  14 years experience in representing clients, current member of legalshield, legal club of america, NYSUT and UFT attorney
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can someone other than the actual homeowner sign a contract

This answer was rated:

can someone other than the actual homeowner sign a contract to do work if they do not own the home

WALLSTREETLAW :

Hello and welcome. My name isXXXXX am a Licensed practicing attorney and my goal is to provide you with excellent service today.

WALLSTREETLAW :

It may be possible for a tenant to do work in a house, if there lease allows them to do this,

WALLSTREETLAW :

however an owner of a home would have the right to sign a contract for work,

WALLSTREETLAW :

Also, if a non owner signs a contract for work, and pays for it,

WALLSTREETLAW :

the homeowner can sue for any damage if they wish,

Customer:

ok but what if the owner is the mother who resides at the home and the daughter actually signed the contract.

WALLSTREETLAW :

if the daughter had permission it would be allowed,

Customer:

permission in writing

WALLSTREETLAW :

also a contractor typically does not verify ownership when they enter a contract,

WALLSTREETLAW :

it does not have to be in writing,

WALLSTREETLAW :

if the daughter did this without permission, the contract would still be valid,

Customer:

I know this is why I question this. I don't believe the owner knows.

WALLSTREETLAW :

it is just the homeowner can bring action against the daughter if they want

WALLSTREETLAW :

If the mother is not aware, her only recourse would be to sue the daughter for the work done, or damages made without her permission,

Customer:

what if the daughter refuses to pay and states she does not own the home

WALLSTREETLAW :

the contractor could sue her directly,

WALLSTREETLAW :

the contractor would not be able to sue the mother as she was not a party to the contract,

Customer:

and if the mother says she did not approve the work

WALLSTREETLAW :

the contractors only remedy is to sue the daughter,

WALLSTREETLAW :

as she signed it,

WALLSTREETLAW :

she is liable,

WALLSTREETLAW :

the contractor could file a mechanics lien as well on the home,

Customer:

ok so under what grounds could a non owner sue if they do not own the property

WALLSTREETLAW :

they would sue based on the contract itself, the ownership is a side issue,

WALLSTREETLAW :

The daughter entered into the contract knowing they had no ownership rights to the property,

WALLSTREETLAW :

so they would be liable as they signed and agreed to the terms,

Customer:

so its legal for a non owner to approve home improvements to a home they do not own, regardless.

WALLSTREETLAW :

You have two separate issues:

WALLSTREETLAW :

1. Can a non owner who has no permission make home improvements to a home the answer is no.

WALLSTREETLAW :

2. Can the non owner enter into a contract yes, as most contractors do not check ownership

WALLSTREETLAW :

3. The parties to the contract will be liable, ownership of the home is not relevant,

WALLSTREETLAW :

as the parties signed the contract,

WALLSTREETLAW :

4. If a non owner enters such a contract, the remedy is a civil lawsuit by the homeowner,

Customer:

just say, the judge says she does not own the home, so therefore the contract is null and void

WALLSTREETLAW :

if no work was done, and the contractor did not spend any money that may be possible,

WALLSTREETLAW :

however, the contractor should fight such a decision as the party breached the contract and entered into it knowing they had no permission

Customer:

ok and the other side of itis to prove she had no permission

WALLSTREETLAW :

yes

Customer:

thanks

WALLSTREETLAW :

Good luck, and if you have any further questions please do not hesitate to ask.

WALLSTREETFIGHTER and other Legal Specialists are ready to help you

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