Binding agreement via email–real estate attorney suggestions?

[urbanrealtor]

[quote=SK in CV][quote=urbanrealtor]THe email part would be binding if accepted by both parties.
If things are verbal then there is just too much room for misunderstanding.
[/quote]

California has adopted The Uniform Electronic Transactions Act, so email that meets all other requirements can be binding. It must contain all terms of the agreement. So, its more than just room for misunderstanding on the verbal thing. In order for it to be binding, it must be in writing.[/quote]

Yeah I don’t that is entirely accurate.
I am not speaking to what the statute literally says but what the lawyers say.
I spend a lot of time with the bank-owned inventory as well as with the new development. These usually requires a lot of time with the lawyers and addenda and amendments are often in a separate email.

For example it is reasonable to send an offer for a property asking for the appliances to stay.
I have then gotten a call from the listing agent who informs me that the seller uses those appliances for several properties as staging gear and that I might want to modify the offer.
What I would do then is to addend the offer in separate email.
Further, this could be done after acceptance when the offer becomes a contract.
They don’t need to be literally signed to be binding.
Note: As I was writing this, I was on the phone with CAR legal hotline. I was informed that the oldest example of this was contract by telegram in the old days. While not literally signed, they were/are considered signed documents as are any piecemeal modifications.

The real estate law classes I have had specify that the purpose of a written contract is to clarify ambiguity in transactions. The textbook example is a case (Levin V. Dietz I think) where 2 people sketched out a price and acreage for a real estate transaction on the back of a business card. One tried to renege on this saying it was not a valid contract. The court sided with the damaged plaintiff and upheld the business card. The reasoning (at least in class) was that the written docs is just a clarification of the verbal agreement.

[SK in CV]

Right, urbanrealtor.

Current CA law specifically says that electronic transmission of an offer and acceptance, without a pen and ink signature is binding. Back of a business card works too, as long as it meets all the other requirements of a contract. Amendments, addenda, modifications, the same thing. Conveyance electronically of an offer and acceptance of original contracts, and modifications of that contract are deemed to meet the “meeting of the minds” requirement. But the issues of signatures notwithstanding, to be binding, for real estate, it must be in writing. Phone calls don’t work.

[SK in CV]

Right, urbanrealtor.

Current CA law specifically says that electronic transmission of an offer and acceptance, without a pen and ink signature is binding. Back of a business card works too, as long as it meets all the other requirements of a contract. Amendments, addenda, modifications, the same thing. Conveyance electronically of an offer and acceptance of original contracts, and modifications of that contract are deemed to meet the “meeting of the minds” requirement. But the issues of signatures notwithstanding, to be binding, for real estate, it must be in writing. Phone calls don’t work.

[SK in CV]

Right, urbanrealtor.

Current CA law specifically says that electronic transmission of an offer and acceptance, without a pen and ink signature is binding. Back of a business card works too, as long as it meets all the other requirements of a contract. Amendments, addenda, modifications, the same thing. Conveyance electronically of an offer and acceptance of original contracts, and modifications of that contract are deemed to meet the “meeting of the minds” requirement. But the issues of signatures notwithstanding, to be binding, for real estate, it must be in writing. Phone calls don’t work.

[SK in CV]

Right, urbanrealtor.

Current CA law specifically says that electronic transmission of an offer and acceptance, without a pen and ink signature is binding. Back of a business card works too, as long as it meets all the other requirements of a contract. Amendments, addenda, modifications, the same thing. Conveyance electronically of an offer and acceptance of original contracts, and modifications of that contract are deemed to meet the “meeting of the minds” requirement. But the issues of signatures notwithstanding, to be binding, for real estate, it must be in writing. Phone calls don’t work.

[SK in CV]

Right, urbanrealtor.

Current CA law specifically says that electronic transmission of an offer and acceptance, without a pen and ink signature is binding. Back of a business card works too, as long as it meets all the other requirements of a contract. Amendments, addenda, modifications, the same thing. Conveyance electronically of an offer and acceptance of original contracts, and modifications of that contract are deemed to meet the “meeting of the minds” requirement. But the issues of signatures notwithstanding, to be binding, for real estate, it must be in writing. Phone calls don’t work.

[NotCranky]

The person who came up with the counter offer should have conditioned the acceptance of the offer on approval of the counter offer and probably a bunch of addendums,perhaps specified in the counter, which give the seller all kinds outs.I bet they did if you look for it.

If it was just in negotiation stages,the deposit wasn’t delivered, and there is any doubt as to the legal contract, which probably means escrow wasn’t opened,I might try to negotiate but not make a federal case of it.Of course that is not legal advice. Just what I would do.

I had to threaten to sue for specific performance once but the contract had been perfectly ratified, deposit had been made, and escrow instructions were signed by both parties. It cost me $267 for letter from an attorney to get things back on track.

[NotCranky]

The person who came up with the counter offer should have conditioned the acceptance of the offer on approval of the counter offer and probably a bunch of addendums,perhaps specified in the counter, which give the seller all kinds outs.I bet they did if you look for it.

If it was just in negotiation stages,the deposit wasn’t delivered, and there is any doubt as to the legal contract, which probably means escrow wasn’t opened,I might try to negotiate but not make a federal case of it.Of course that is not legal advice. Just what I would do.

I had to threaten to sue for specific performance once but the contract had been perfectly ratified, deposit had been made, and escrow instructions were signed by both parties. It cost me $267 for letter from an attorney to get things back on track.

[NotCranky]

The person who came up with the counter offer should have conditioned the acceptance of the offer on approval of the counter offer and probably a bunch of addendums,perhaps specified in the counter, which give the seller all kinds outs.I bet they did if you look for it.

If it was just in negotiation stages,the deposit wasn’t delivered, and there is any doubt as to the legal contract, which probably means escrow wasn’t opened,I might try to negotiate but not make a federal case of it.Of course that is not legal advice. Just what I would do.

I had to threaten to sue for specific performance once but the contract had been perfectly ratified, deposit had been made, and escrow instructions were signed by both parties. It cost me $267 for letter from an attorney to get things back on track.

[NotCranky]

The person who came up with the counter offer should have conditioned the acceptance of the offer on approval of the counter offer and probably a bunch of addendums,perhaps specified in the counter, which give the seller all kinds outs.I bet they did if you look for it.

If it was just in negotiation stages,the deposit wasn’t delivered, and there is any doubt as to the legal contract, which probably means escrow wasn’t opened,I might try to negotiate but not make a federal case of it.Of course that is not legal advice. Just what I would do.

I had to threaten to sue for specific performance once but the contract had been perfectly ratified, deposit had been made, and escrow instructions were signed by both parties. It cost me $267 for letter from an attorney to get things back on track.

[NotCranky]

The person who came up with the counter offer should have conditioned the acceptance of the offer on approval of the counter offer and probably a bunch of addendums,perhaps specified in the counter, which give the seller all kinds outs.I bet they did if you look for it.

If it was just in negotiation stages,the deposit wasn’t delivered, and there is any doubt as to the legal contract, which probably means escrow wasn’t opened,I might try to negotiate but not make a federal case of it.Of course that is not legal advice. Just what I would do.

I had to threaten to sue for specific performance once but the contract had been perfectly ratified, deposit had been made, and escrow instructions were signed by both parties. It cost me $267 for letter from an attorney to get things back on track.

[Author]

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