Can you break a notarized agreement?

Asked by: Elfrieda Pacocha IV  |  Last update: January 30, 2026
Score: 4.3/5 (12 votes)

You can't just "break" a notarized agreement; it's a legally binding contract, but you can end it through mutual consent, breach of contract, legal rescission (like cooling-off periods for specific sales), or by proving it's invalid due to fraud, duress, or mistakes, though doing so often requires legal action or negotiation with the other party. Notarization confirms signatures, not the contract's fairness or enforceability, so getting a lawyer is key to understanding your options, especially if you want to void it or if the other party isn't cooperating.

Can a notarized agreement be broken?

If both parties consent to cancel the document, they can draft a new termination or rescission agreement that voids the original notarized document. This new contract must also be notarized to ensure legal validity.

Can you cancel a notarized document?

Notaries Public do not have the authority to invalidate a notarization. If a notarized document injures someone, it would be up to a court to determine the validity of the notarization.

Will a notarized contract hold up in court?

Judges, government offices, and financial institutions trust notarized documents because of one thing: accountability. Every notary in California is commissioned by the Secretary of State and bound by law to follow strict identification, recordkeeping, and ethical standards.

What are 6 things that void a contract?

We'll cover these terms in more detail later.

  • Understanding Void Contracts. ...
  • Uncertainty or Ambiguity. ...
  • Lack of Legal Capacity. ...
  • Incomplete Terms. ...
  • Misrepresentation or Fraud. ...
  • Common Mistake. ...
  • Duress or Undue Influence. ...
  • Public Policy or Illegal Activity.

Does a Contract Need to be Notarized? 🔖

43 related questions found

How to get out of a contract legally?

How can I get out of a contract?

  1. Negotiate a Change or Cancellation. ...
  2. Express Right to Terminate. ...
  3. Cooling-off or Cancellation Periods. ...
  4. Inability to Perform. ...
  5. Mutual Mistake. ...
  6. Breaching a Contract. ...
  7. Voiding Factors. ...
  8. Contact Cornerstone Law Firm for help.

What makes a contract legally invalid?

Such a contract cannot be enforced by either party due to factors like illegality, lack of consent, or incapacity. Many of the issues that render contracts void are preventable errors: missing legal elements, vague language, or unenforceable terms.

What invalidates a notarized document?

A notarized document can be invalidated by fundamental flaws like improper identification, lack of signer presence, blank spaces, missing signatures, or an expired notary commission, as well as fraudulent acts, unauthorized alterations, backdating, or the notary acting with a conflict of interest, all undermining the document's authenticity and the integrity of the notarization process.
 

Can I pull out of a contract after signing?

You generally cannot cancel a signed contract easily, as it's legally binding, but you might be able to if there's a specific "cooling-off period" (like for some door-to-door sales, timeshares, or home loans), a termination clause in the contract, mutual agreement, or if the other party significantly breached the terms, committed fraud, or there was mutual mistake. For most standard agreements, cancelling without cause means you'll likely face financial penalties or be in breach of contract, so checking contract terms or seeking legal advice is crucial. 

How long is a notarized letter valid?

California – 4 years. Texas – 4 years. Florida – 4 years. New York – 4 years.

What is the most common mistake made by a notary?

The most common and serious mistake a notary makes is failing to ensure the signer personally appears before them, which is a legal violation and can lead to fraud and major penalties, but other frequent errors involve incomplete or incorrect notarial certificates, such as missing dates, improper seal placement, illegible stamps, mismatched names, or attaching the wrong certificate type, all of which can invalidate the document. 

How long is a notarized will good for?

While notaries must renew both their commission and stamp on a regular basis according to state requirements, the notarizations that they place on documents do NOT expire. Valid indefinitely, a notary's seal and signature on a document will authenticate that document and its contents for the full life of that document.

Is there a way to get out of a signed contract?

You can get out of a binding contract under certain circumstances. There are seven key ways you can get out of contracts: mutual consent, breach of contract, contract rescission, unconscionability, impossibility of performance, contract expiration, and voiding a contract.

What makes an agreement not legally binding?

Breach of Public Policy.

A contract is not legally enforceable if it requires one party to engage in illegal acts, forfeit any of their legal rights, or act in any way that may pose harm to society in general.

What makes an agreement illegal?

A contract is illegal if it involves unlawful activities, violates public policy, or lacks essential legal elements. Essential components of a valid contract include offer, acceptance, consideration, and legal capacity of both parties.

What happens if an agreement is broken?

A breach of contract is when one party to the contract doesn't do what they agreed. Breach of contract happens when one party to a valid contract fails to fulfill their side of the agreement. If a party doesn't do what the contract says they must do, the other party can sue.

How soon can you cancel a contract after signing it?

Cooling-off Rule is a rule that allows you to cancel a contract within a few days (usually three days) after signing it. As explained by the Federal Trade Commission (FTC), the federal cooling-off rules gives the consumer three days to cancel certain sales for a full refund.

Do you have 72 hours to back out of a contract?

The 72-hour contract law allows consumers the right to cancel a contract during what is referred to as a "cooling off" period. The timeframe for canceling is usually 72 hours, which means a consumer has until midnight after the third day the contract is signed.

Can I break a contract I just signed?

You generally cannot cancel a signed contract easily, as it's legally binding, but you might be able to if there's a specific "cooling-off period" (like for some door-to-door sales, timeshares, or home loans), a termination clause in the contract, mutual agreement, or if the other party significantly breached the terms, committed fraud, or there was mutual mistake. For most standard agreements, cancelling without cause means you'll likely face financial penalties or be in breach of contract, so checking contract terms or seeking legal advice is crucial. 

What happens if you mess up as a notary?

Remember, the signer can hold a notary public liable for a mistake in the notarized document. If there is direct wrongdoing in a notarization process, the notary public may be required to cover the damages and penalties.

Can you fight a notarized document?

Yes, a notarized document can still be challenged in court. It may be contested if there are issues such as fraud, and force, or if the notary did not follow proper procedures. In such cases, the court may investigate further before determining the document's validity.

What makes a document not legally binding?

In a legally non-binding contract, it's important to make it clear that any party can terminate at any time. There should be no binding element or language used if you're creating an informal agreement.

What are three things that can cause a contract to be void?

Three major reasons a contract becomes void are illegal purpose (involving unlawful acts like drug deals), lack of legal capacity (one party is a minor or mentally incapacitated), and impossibility of performance (an unforeseen event makes it impossible to fulfill). Other common causes include mutual mistakes or fraud, rendering the agreement unenforceable from the start.
 

What are the 7 requirements for a valid contract?

For a contract to be valid and recognized by the common law, it must include certain elements-- offer, acceptance, consideration, intention to create legal relations, authority and capacity, and certainty. Without these elements, a contract is not legally binding and may not be enforced by the courts.

What are four types of mistakes that can invalidate a contract?

However, being aware of the four vices that can void a contract — duress, undue influence, misrepresentation, and mistake — is crucial for ensuring that your agreements are legally enforceable and that your rights are protected.