Question: My brother just left for a trip to Nepal for several weeks of trekking (it’s on his bucket list). Before he left, he was close to signing a lease on new space for his business. Apparently, the landlord didn’t get the lease agreement to my bro before he left, even though all the terms had been agreed to, so he called me from the airport to ask me to sign the lease for him when it comes in to his office. Can I legally sign the lease for him or will I be committing forgery?
Forgery
Under the law, a person commits forgery when she alters a legally significant document in a manner intended to defraud another person. A legally significant document is one that affects legal rights and/or duties, a definition that certainly includes the lease in question. In the situation you describe, you have been asked to sign for someone else and would be doing so only to assist that person. You are not intending to defraud anyone nor are you doing so. Thus, you would not be committing fraud by signing the lease on behalf of your brother. For more information about forgery in general, see our article “Forgery Laws and Penalties.”
Be aware, however, that there is a particular way that this signing should be done to make clear that you are signing with your brother’s express authority.
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