QUESTION

is i signature on a paper a legal document?

Asked on Sep 29th, 2017 on Litigation - Florida
More details to this question:
good morning i stayed at a bestwestern during the hurricane it was a nightmare they had no emergency lights when the power went out there was leaks everywhere and the worst part my family and i were bite up by BED BUGS which we took video of. the following morning we showed the video and bite marks to the gm he said,wrote and signed a paper stating to refund my stay now its been 2 weeks he will not answer my calls or refund my money can i take this to court with his signature?
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1 ANSWER

Appellate Practice Attorney serving New York, NY
You agreed to settle your claim against the hotel in exchange for a refund of the amount you paid for your stay.  The question is whether that agreement is enforceable.  Normally, even where a contract is required to be in writing (most contracts are valid and enforceable even if only oral), all that is necessary is the signature of the party against whom the contract is sought to be enforced, or its agent.  Here, you have the signature of the hotel general manager, which would normally be sufficient.  However, some jurisdictions have stricter rules for settlement agreements, requiring, for example, notarization.  I don't know whether Florida has these requirements.  If it does, your contract may be unenforceable, but this could be a good thing, since, if the settlement agreeent is unenforceable, you would still have your claim against the hotel for the bed bug bites you suffered, which I would think is worth more than one free night's lodging. There could theoretically be a quesiton about whether the general manager was authorized to make this agreement on behelf of the hotel, but a person in that position would almost certainly have implied authority and/or apparent authority to do so, even if he/she didn't have actual authority (I won't get into the differences between actual, apparent, and implied authority; suffice it to say that it should be a non-issue.
Answered on Sep 29th, 2017 at 9:41 AM

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