December 4, 2010
*************
************
Question:
**********
Ken,
we sell a job with a husband and wife or just a monitoring contact and one of the parties is not present so you leave a contract for the other to sign and we never get it back. Is it legal for the husband or wife to sign the contract for them if they are not present?
Husband leaves wife and moves out her name is on the contract so she calls to take him off the contact and pass code list and we do that because she is on the contract and we send a new contract and she signs it and then later she changes her name on the account to her maiden name do we need a new contract at this point?
James Lee
Alarmguard Security
***********
Answer:
**********
As I pointed out yesterday, an agent can sign for a principal. A spouse can probably sign for the other spouse. The signature would be one of two ways. 1. wife just signs husband's name, or 2. wife signs "husband by wife as "attorney in fact" or "authorized agent". Of course its better to get both to sign, and it's wise to get an approval from the non signing spouse that he or she acknowledges that the other spouse signed for both, with permission.
When one spouse moves out or there is marital problem you don't want to get in the middle of that. If one moves out then I think it safe to accept instruction from the resident of the house to change codes. With both living there I suggest you ask them to get a court order or consent from both to make a change.
You don't need a new contract just because someone, or entity, changes name.