Is a contract legally binding if one party did not sign? 7 Answers as of December 12, 2013

The employee signed but the employer did not.

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KEYL ADR Services, LLC | Mark D. Keyl
The written contract would not be valid, but other evidence indicating agreement could be considered.
Answer Applies to: Mississippi
Replied: 12/12/2013
A. Dawn Hayes & Assoc. P.A.
A. Dawn Hayes & Assoc. P.A. | A. Dawn Hayes
The contract which was drafted by the employer was an offer, the employee signed it so that would be acceptance of the offer which equals a contract unless there is something in the contract?indicating it is not binding or enforceable unless signed by both parties.
Answer Applies to: Florida
Replied: 12/12/2013
Law Office of Richard Winkler | Richard Winkler
It is not legally binding if only one person signs. But all they have to do is to sign it and then it is binding. If you wish to go back on your deal, you must let them know (in writing) before they sign.
Answer Applies to: Rhode Island
Replied: 12/12/2013
Coane and Associates
Coane and Associates | Bruce Coane
You never know. Ultimately, it could be up to a jury of 12 people to decide. It often depends on all the facts.
Answer Applies to: Texas
Replied: 12/12/2013
WILLIAM L SANDERS, ATTORNEY AT LAW | William L. Sanders
There is no simple answer based on the limited facts stated. It would depend on the State, the type of contract, and what the contract was about. The written but unsigned contract could still be the contract, if the parties proceeded as the contract were signed. If so, you have an implied contract. But, if the contract was for, say land for example, a different set of rules would apply. If it were an employment contract, yet another set of rules would apply.
Answer Applies to: Georgia
Replied: 12/12/2013
    Barton Barton & Plotkin
    Barton Barton & Plotkin | Maurice Ross
    Signature of both parties is usually required before a contract is legally binding, but there are exceptions. For example, if an employee signs an employment contract and then detrimentally relies on the contract, resigning his former position for a new job that was offered to him, the employee would have a claim for breach of contract (under a detrimental reliance theory) even if the employer did not sign the contract. The devil is in the details in a situation like this. Without knowing the specific terms of the contract, the reasons why the employer did not sign it, and whether the employee acted in detrimental reliance on the existence of an enforceable agreement, this question cannot be answered. Note that contract are often sometimes formed by offers and acceptance. When an employer sends a proposed agreement to an employee, this constitutes an offer. When the employee signs, this can create an agreement even if the employer has not signed. Thus, there are many circumstances in which signing of both parties is not necessary to create an agreement. Indeed, oral agreements are enforceable even if neither party signed.
    Answer Applies to: New York
    Replied: 12/12/2013
    Fox & Fox, S.C. | Richard F. Rice
    It may be depending on the circumstances. Contact an attorney to get a definite answer.
    Answer Applies to: Wisconsin
    Replied: 12/12/2013
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