Friday, March 27, 2015

There are two names listed for the Seller LLC entity on an Amendment to a Contract of Sale. If only one member of the Seller LLC signs the A...

Question

There are two names listed for the Seller LLC entity on an Amendment to a Contract of Sale. If only one member of the Seller LLC signs the Amendment is it binding?

Buyer has signed with their two members of the Buyer LLC.



Answer

If the seller's operating agreement allows the one seller who signed to act on behalf of the LLC in such matters, then you have a binding agreement. If the original contract was signed by both sellers, that suggests that both are required to sign, but the agreement would be determinative.



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