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Although you don't necessarily have to sign an agreement for it to be valid, why would you want to take that chance? There is absolutely no better way of proving that a party intended to be bound by a contract then by whipping it out and displaying their signature on the document.
A letter of agreement is only legally binding if both parties sign the document. If only one person signs the letter of agreement, then it is considered to be non-binding.
If the other side has not signed your contract, it will be assumed that they have not accepted the offer. You will need to be able to point to other evidence to show that the other side has agreed to the contract's terms.
A LoA is a letter drafted by one party to another party. It doesn't matter which party drafts the letter, only that it's signed by both parties. Upon signature, the letter becomes binding on both parties. This is now a valid contract.
A court relies on two factors when determining if a letter of intent is binding: written expressions of intent present in the letter and demonstrative actions taken by both parties after the letter of intent is signed. If the letter is treated as a contract, it could be ruled binding.
Like any contract, enforceability of a Letter of Intent requires a ?manifestation of mutual assent.? Cochran, 398 at 14. Intent to be bound and definiteness of terms are required to show manifestation of mutual assent.
Oral vs Written Contracts ? A contract can be either written or oral. Oral contracts are generally enforceable, but written agreements are recommended to help resolve later disagreements. However, some contracts must be written.
Once all parties sign a letter of agreement, it becomes a binding legal document. You should include a signature block at the end with room for both signatures and dates with the heading "Acknowledged and Agreed." Both parties should keep a final, signed copy for their records.