A notary can play an important role in ensuring that a contract is legally enforceable, even if the authentic instrument is not necessary. As with wills, it is generally not necessary for a contract to become notarized to be legally binding. As with the obligations of a notary, witnesses are third parties who are essentially witnesses to the signing of the contract by the parties. The difference between the notary and the witness is that the notary has a stamp that is used on the document and that formally certifies the signatures. In contrast, witnesses are simply third parties watching the parties sign the agreement. However, some States may request a witness to the treaty, unlike a notary. Some States even require the presence of two witnesses, especially when a will is signed. If you are concerned that your contract may be notarized or certified, speak to an experienced contract lawyer near you. Some notaries are known as specialists, which means they are certified in certain areas. For example, a notary could be a specialist in the real estate sector who also knows how to establish the agreement that the parties sign. In some situations, contracts must be written to be valid. State laws often require written contracts for real estate contracts that last more than a year. Check your state`s requirements to understand if your contract needs to be in writing.

Even if your state doesn`t require it to be written, it`s a good idea to have it in writing, otherwise an agreement is difficult to prove. As a general rule, a contract does not need to be certified notarized. A notary (or simply «notary») confirms that the inscription on the document is that of the person whose signature he claims to be. It is necessary that some documents be notarized, for example. B a real estate deed. Unless expressly provided for in national or municipal legislation, it is not necessary to recognise a contract before a notary. Documents such as wills, trusts, adoption documents and medical release forms require a notarized signature. In general, the papers have space and explicitly mention the need for a notarized signature if necessary. When signing an agreement, contractors sometimes ask themselves, «Does my contract need to be notarized or certified?» The magic behind the certified signature is that many state courts and all federal courts declare that a notarized signature is automatically authentic in court.