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There are cases in the courts of several states relating to this very question. In New York and Massachusetts for example, courts have upheld that "e-mails sent by parties or their agents in connection with a real estate sale, upon which the defendant had typed his name or which contained a salutation consisting of the defendant's name, satisfied the requirements of the statute of frauds and resulted in the formation of a contract". Other states are leaning is this direction also.

These cases suggest that the following language be added to emails:

"may not form the basis of a binding agreement unless and until incorporated into a separate, mutually acceptable, written agreement signed by the parties".

If a broker or agent is initiating or transmitting the e-mail, they may also want to include a statement that "the broker or agent has no authority to bind their client and any terms must be incorporated into a separate, written agreement signed by their client to be enforceable".

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7y ago
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15y ago

E-mail agreements are what you'd call an "express agreement" , which is as legally binding as an oral contract. However, I have used e-mail addresses as a person's signature when a client to authorizes me to act on their behalf. If it is an anonymous, Web-based e-mail it may not hold up in court, so I only use Microsoft Outlook e-mail addresses or the like.

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15y ago

There was a case just like this one on The People's Court. According to Harvey Levin (and the law) unless one party immediately emailed the other party and said that the email amendment was not agreed to, the amendment becomes binding.

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11y ago

It can be. The laws regarding electronic signatures is progressing so that it is becoming more and more accepted to be a binding contract.

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Q: Is an email a contract
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