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November 24, 2009 at 1:07 PM in reply to: Binding agreement via email–real estate attorney suggestions? #486331November 24, 2009 at 1:07 PM in reply to: Binding agreement via email–real estate attorney suggestions? #486705
SK in CV
ParticipantRight, 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.
November 24, 2009 at 1:07 PM in reply to: Binding agreement via email–real estate attorney suggestions? #486791SK in CV
ParticipantRight, 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.
November 24, 2009 at 1:07 PM in reply to: Binding agreement via email–real estate attorney suggestions? #487023SK in CV
ParticipantRight, 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.
November 24, 2009 at 10:53 AM in reply to: Binding agreement via email–real estate attorney suggestions? #486099SK in CV
Participant[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.
November 24, 2009 at 10:53 AM in reply to: Binding agreement via email–real estate attorney suggestions? #486266SK in CV
Participant[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.
November 24, 2009 at 10:53 AM in reply to: Binding agreement via email–real estate attorney suggestions? #486640SK in CV
Participant[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.
November 24, 2009 at 10:53 AM in reply to: Binding agreement via email–real estate attorney suggestions? #486727SK in CV
Participant[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.
November 24, 2009 at 10:53 AM in reply to: Binding agreement via email–real estate attorney suggestions? #486958SK in CV
Participant[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.
November 24, 2009 at 8:24 AM in reply to: Binding agreement via email–real estate attorney suggestions? #486039SK in CV
ParticipantI’m not a real estate attorney but…
And ignoring for the moment the whole e-mail part of it…
Unlike many other kinds of transactions, in order to be binding, real estate contracts must be in writing. If the written agreement does not include the final agreed upon consideration (price, etc.), there is no “meeting of the minds” (one of the other requirements for a contract) in writing. You don’t have a binding contract.
November 24, 2009 at 8:24 AM in reply to: Binding agreement via email–real estate attorney suggestions? #486207SK in CV
ParticipantI’m not a real estate attorney but…
And ignoring for the moment the whole e-mail part of it…
Unlike many other kinds of transactions, in order to be binding, real estate contracts must be in writing. If the written agreement does not include the final agreed upon consideration (price, etc.), there is no “meeting of the minds” (one of the other requirements for a contract) in writing. You don’t have a binding contract.
November 24, 2009 at 8:24 AM in reply to: Binding agreement via email–real estate attorney suggestions? #486580SK in CV
ParticipantI’m not a real estate attorney but…
And ignoring for the moment the whole e-mail part of it…
Unlike many other kinds of transactions, in order to be binding, real estate contracts must be in writing. If the written agreement does not include the final agreed upon consideration (price, etc.), there is no “meeting of the minds” (one of the other requirements for a contract) in writing. You don’t have a binding contract.
November 24, 2009 at 8:24 AM in reply to: Binding agreement via email–real estate attorney suggestions? #486667SK in CV
ParticipantI’m not a real estate attorney but…
And ignoring for the moment the whole e-mail part of it…
Unlike many other kinds of transactions, in order to be binding, real estate contracts must be in writing. If the written agreement does not include the final agreed upon consideration (price, etc.), there is no “meeting of the minds” (one of the other requirements for a contract) in writing. You don’t have a binding contract.
November 24, 2009 at 8:24 AM in reply to: Binding agreement via email–real estate attorney suggestions? #486898SK in CV
ParticipantI’m not a real estate attorney but…
And ignoring for the moment the whole e-mail part of it…
Unlike many other kinds of transactions, in order to be binding, real estate contracts must be in writing. If the written agreement does not include the final agreed upon consideration (price, etc.), there is no “meeting of the minds” (one of the other requirements for a contract) in writing. You don’t have a binding contract.
SK in CV
ParticipantI suspect it depends on both the network and the device. But I wanted 3 phones unlocked for a recent trip overseas (so i could buy cheap local SIM cards) and AT&T provided all the info needed free of charge. I was told that it was outside of their standard protocol, but if you were still under contract and your account was in good standing, it’s a service they commonly provide. All three unlocked, free of charge.
Just guessing that they might not be so helpful if the device wasn’t purchased from them in the first place. But it seems the info is out there for most devices either free or for a minimal charge for the codes.
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