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Cyprus Eastern Forum Index » Legal Questions & Issues » Question re legal agreement
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Question re legal agreement 
Post: #1   PostPosted: Thu Sep 06, 2018 6:11 pm Reply with quote
Ace64821
Joined: 26 Oct 2005
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Hi

Can anyone tell me if a legal agreement between two private persons is binding if there are no witnesses? Does it have to be an original document? (family law)

A family member of mine signed an agreement and now we have seen it and noticed the lawyer made a mistake and didn't specify something very important, it's a major problem even though it is just a few words

So far as I know she signed it and then it was faxed over to the other side's lawyer so they haven't yet signed it, they just got it today


The lawyer is not helpful now he has had his money! I can't see him changing this easily or accepting his mistake! he doesn't let her speak or ask questions!

The best chance is just to cancel the agreement, or have it declared invalid as no witnesses?

Any advice would be appreciated
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Post: #2   PostPosted: Thu Sep 06, 2018 8:45 pm Reply with quote
Steve - SJD
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I am not a lawyer but I don't believe that not having witnesses will nullify a
contract.

If the other side hasn't signed it can they not send it back to be amended
or would they not wish to do that?

I think the best route would be to go back to the lawyer and instruct them
to correct their mistake.

Cheers

Steve
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Post: #3   PostPosted: Fri Sep 07, 2018 6:23 am Reply with quote
FSB Properties
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A faxed copy is of no use. It only serves as a draft.

The agreement must be in original.

I don't think the other side have a leg to stand on!

_________________
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Post: #4   PostPosted: Fri Sep 07, 2018 7:22 am Reply with quote
Steve - SJD
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FSB Properties wrote:
A faxed copy is of no use. It only serves as a draft.

The agreement must be in original.

I don't think the other side have a leg to stand on!


Not sure about that Pan - as far as I am aware a fax can be a legally binding
contract although it will certainly depend on the circumstances. Faxes as
opposed to emails can be used in court so I don't think it's clear cut.

Cheers

Steve
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Post: #5   PostPosted: Fri Sep 07, 2018 8:00 am Reply with quote
FSB Properties
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Location: Ammochostos

 
Steve - SJD wrote:
FSB Properties wrote:
A faxed copy is of no use. It only serves as a draft.

The agreement must be in original.

I don't think the other side have a leg to stand on!


Not sure about that Pan - as far as I am aware a fax can be a legally binding
contract although it will certainly depend on the circumstances. Faxes as
opposed to emails can be used in court so I don't think it's clear cut.

Cheers

Steve


Steve,

You may be right, but try taking a faxed anything to any official organ and I bet they will ALWAYS ask for the original. Faxed signatures would be difficult to prove and tbh, it it were me I wouldn't worry about it too much. He can just send a followup amended agreement asking for its replacement!

If this were the case we would be faxing sales contract worldwide for signatures, but alas they are not be acceptable and we sign 4x copies of originals. As an example.

Perhaps seeking additional legal advice elsewhere would be in order!

ANyway, that's my take on it.

_________________
FSB Properties Ltd - 99093213
Registered and licensed Real Estate Company
Co.Reg.No. 795, Lic. No. 250/E
Member of the AIPP.
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Question re legal agreement 
Post: #6   PostPosted: Fri Sep 07, 2018 10:41 am Reply with quote
Ace64821
Joined: 26 Oct 2005
Posts: 392
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thanks Pan and Steve for the replies, happy to say have just found out the other side agreed to it being amended! thank goodness, would have been a nightmare otherwise
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Re: Question re legal agreement 
Post: #7   PostPosted: Fri Sep 07, 2018 10:46 am Reply with quote
Steve - SJD
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Ace64821 wrote:
thanks Pan and Steve for the replies, happy to say have just found out the other side agreed to it being amended! thank goodness, would have been a nightmare otherwise


Good outcome and glad it's resolved - thanks for the update!

Cheers

Steve
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Question re legal agreement 
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