During a registration procedure for an housing website, I probably inverted my name and my surname (I don't remember exactly how the form was). Now, in the whole contract, my name and surname are inverted, and also the electronic signature option reports my name and surname inverted. I have contacted the landlord, and he said that it is not a problem. Can I sign the contract or may I have any problem?
1 Answer
It’s not a problem
Is there any reasonable prospect that you or the landlord would argue in a dispute that you are not the tenant? No.
Is there any reasonable prospect on all the available evidence that such an argument would succeed? No.
Therefore, no problem.
Where this can be a problem is if someone commences legal action in the wrong name (e.g. the landlord sues “Travis Parks” instead of “Parks Travis”] and there is a summary judgement (if there is a hearing the mistake will be sorted out). A judgement cannot be enforced except on the named person.
It can also be a problem if the lease is in the name of a company. Because companies are ‘virtual’ people, they can only act through agents and their name (and number in some jurisdictions) is the only thing that identifies them.
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2The Tenant may have even backed his way into an advantage as it is likely that any credit reporting will not be made to your correct name, if he ended up being evicted or had a dispute over damage to the property or unpaid rent. Jun 23, 2020 at 23:33
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2@ohwilleke true. A court could set it straight but short of that, other debt recovery may be stymied– Dale M ♦Jun 23, 2020 at 23:48
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Plus, UCC 3-401 defines signature as including a "mark", and an inverted signature is still a mark. "(b) A signature may be made (i) manually or by means of a device or machine, and (ii) by the use of any name, including a trade or assumed name, or by a word, mark, or symbol executed or adopted by a person with present intention to authenticate a writing."– AndrewJun 24, 2020 at 15:11
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Actually, I guess 1-201 (b)(37) "Signed" includes using any symbol executed or adopted with present intention to adopt or accept a writing. would be a better citation as it is the general definition.– AndrewJun 24, 2020 at 15:14