Employer Liability for Notary's Negligence
Is a notary's employer liable for the notary's mistakes? The answer is usually yes. Many state's laws do not provide any limit to the liability of a notary, and when a notary is acting in the course of his or her employment, that liability often extends to the notary's employer.
For example, let's say you are a notary who works in a title office. Your boss comes to you and wants you to notarize a deed. The signer appears before you, produces identification, and acknowledges the deed. However, you notice that the identification doesn't look right, and the signatures don't match. Still, your boss vouches for the signer, and you proceed with the notarization.
Six months later, it turns out that the person who appeared before you was an impersonator, and the boss was in on it. Now, the real property owner wants to go after you for damages. Your boss thinks he's off the hook, but the property owner can also sue your employer. In this case, both the notary AND the employer are equally liable.
Notaries must be firm and remind their employers that they offer their notarial services to the company as a convenience and that as public officials they are bound by notary laws.
An employer, on the other hand, has a duty to ensure that employed notaries are trained and are acting appropriately and within the scope of the notary laws.
It's important to note, however, that state laws may differ with regard to liability, and you should always consult your own state's laws. If you are concerned with your own liability as a notary, you may want to consider purchasing errors and omissions insurance, which would protect you in the event you make an unintentional error in performing your notarial duties. The American Association of Notaries offers various E&O policies at competitive prices.
-- Robert T. Koehler, Florida Notary Educator, is a Contributing Writer with the American Association of Notaries
Legal Disclaimer: The American Association of Notaries seeks to provide timely articles for notaries to assist them with information for managing their notary businesses, enhancing their notary education, and securing their notary stamp and notary supplies. Every effort is made to provide accurate and complete information in the American Association of Notaries newsletters. However, we make no warrant, expressed or implied, and we do not represent, undertake, or guarantee that the information in the newsletter is correct, accurate, complete, or non-misleading. Information in this article is not intended as legal advice. We are not attorneys. We do not pretend to be attorneys. Though we will sometimes provide information regarding notaries' best practices, federal laws and statutes, and the laws and statutes of each state, we have gathered this information from a variety of sources and do not warrant its accuracy. In no event shall the American Association of Notaries, its employees, or contractors be liable to you for any claims, penalties, loss, damage, or expenses, howsoever arising, including, and without limitation, direct or indirect loss or consequential loss out of or in connection with the use of the information contained in the American Association of Notaries newsletters. It is your responsibility to know the appropriate notary laws governing your state. Notaries are advised to seek the advice of their states' notary authorities or attorneys in their state if they have legal questions. If a section of this disclaimer is determined by any court or other competent authority to be unlawful and/or unenforceable, the other sections of this disclaimer continue in effect.
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Notary bonds and errors and omissions insurance policies provided by this insurance agency, American Association of Notaries, Inc., are underwritten by Western Surety Company, Universal Surety of America, or Surety Bonding Company of America, which are subsidiaries of CNA Surety.