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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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8y ago

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