Considerations for a Handwritten Agreement It must be signed by the persons who are forming the agreement or by agents authorized to create the agreement on behalf of a corporation. If you hire a notary, make sure it is a third party and not a family member or close friend of either side. The notary should be able to provide evidence that he or she was paid for their services.
In addition to the above requirements, a handwritten contract must be signed in front of an official representative of some kind (not just any notary). For example, if you want your handwritten contract to be considered binding, you must sign it in front of a clerk or someone with authority to bind the company in question. This person might be a vice president of the company or even the CEO.
Handwritten contracts may also be required by law in some states. For example, California requires certain agreements to be in writing to be enforceable. However, most jurisdictions will consider written contracts to be valid even if they are handwritten. Most courts will also recognize written modifications to existing contracts. However, if there has been no modification in writing, then the original contract remains in effect.
Handwritten contracts can be very useful in situations where typing a contract template would be difficult or impossible. For example, if you are doing business with a small company or individual, they might not have access to computer systems that could store information about contracts.
Handwritten contracts are rather inconvenient when you could just write them up, but they are totally legal if properly drafted. In many cases, they are even better than verbal contracts.
When you have a verbal agreement, there is no written document stating that the agreement exists and what the conditions of the agreement are. As a result, you must establish that the agreement existed in the first place, as well as the details of that agreement. Without a documented contract, this can be extremely difficult.
Handwritten agreements are also commonly used for simpler contracts, such as IOUs and raise pledges. It is vital to remember that even though the Statute of Frauds requires a written requirement, a handwritten agreement will still function to make the document legally enforceable. Just because it's not in writing does not mean it cannot be enforced.
In addition, a handwritten agreement can often be changed by simply crossing out any words or phrases that don't want to remain part of the contract. This can be done with a pen or pencil. There should be no reason to use ink since the contract was intended to be written out by hand.
Finally, a handwritten agreement can be accepted by someone signing their name on the bottom. This person would have to be able to sign their own name (i.e., not an authorized agent) for the contract to be valid. If this condition is not met, then the contract is not valid and cannot be enforced.
In conclusion, a handwritten agreement is legal evidence that can function to bind parties to a contract. However, it must be in writing and signed by the party being charged with liability if it is to be given effect.