I have an agreement with someone that we agreed to get notorized as a formal agreement. I drafted the agreement, he approved it via email and I went and signed two originals in front of a notary. I mailed it to him via certified mail. He is supposed to sign the two originals in front of a notary and mail one back to me. It has been several weeks, and despite my followups via phone and email, he has yet to mail me my original back with signature. Part of the agreement will come to pass in about a week. Am I liable to follow that agreement? He says he "lost" it, which I'm sure is just a bogus lie.
Does the fact that I never received my original back with signature play in my favor or is the fact that I signed it at all and it exists enough to bind me to it?
Answers:
It doesn't matter if he returns it or not. If he signs it then there is a 'meeting of the minds' and agreement sufficient to validate the 'agreement'.
Therefore, you need to disavow the agreement with a letter similar to the following:
Dear [whomever];
I have sent you the agreement (explain it's purpose and facts) on [date] and have as yet, not received a signed copy in return.
I must inform you that if such a signed and notarized copy is not returned to me on [date] I will consider your lack of action as disavowment of the aforementioned agreement and will consider the matter voided.
Sincerely,
[your name]
Send it CERTIFIED (RRR) and give him three days from receipt of your letter to act.
you have paperwork showing he never returned it, so there is NO agreement.
You are being pretty vague about what the agreement covers. An "agreement" consists of all parties signing a contract. Since this has not been done, I see no agreement on either side.
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