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Text Message – Binding Contract?

July 13, 2016 Posted by Don Sweet, Esq. AEP Business, Estate Planning, General

Blog_TEXTIMAGE_BUYA recent case in MA exhibits the strong potential for a court to find a text message response a sufficient writing to bind a party to a contract.

How often do we text with family and friends?  To what extent are text’s used in a business setting?  When texting – do you give it the same weight as signing a contract?  A new case in  MA regarding the sale of land may provide insight to future rules regarding the weight a court will place upon a text message relative to a written signature on a paper or electronic contract.

Remember, sales of land require a signed writing to satisfy the statute of frauds.  As a general rule, we do not want homes being bought and sold on a verbal contract alone.  In the merry old days of England, to feel the ‘weight’ of transferring land between buyer and seller, the deal might be closed  with the passing of dirt.  Today, that concept is carried through by requiring a seller’s signature in ‘seising’ a buyer with real property.

The advent of technology creates new challenges and opportunities.  Consulting counsel early regarding best practices and the legal landscape is strongly advised before executing real property transactions.  A description of the case and underlying matters can be found HERE.  The underlying court order can be found HERE.

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About Don Sweet, Esq. AEP

Don Sweet heads the San Francisco office of Rodnunsky & Associates. Don Sweet serves clients through counsel and advocacy. Whether planning an inter-generational wealth transfer strategy, adminstering the details of a trust or defending the rights of a beneficiary, Don’s efforts and focus are client centered. He is determined in pursuing client rights. Understanding the importance of value in professional service relationships, Mr. Sweet delivers creative, realistic and cost-effective solutions. With a deep and varied planning background, he works with those who seek protection of family and wealth in all areas of estate planning. Mr. Sweet holds the Accredited Estate Planner? (AEP) designation from the National Association of Estate Planning Councils. He earned his undergraduate degree from Arizona State University and earned his law degree from Whittier College of Law where he was a member of Law Review. He externed for the Honorable John Ryan, a Federal Bankruptcy Judge and Chief Judge of the U.S. Bankruptcy Appellate Panel for the 9th Circuit. Mr. Sweet has worked with private clients since 1997 and joined the California Bar in 2005.

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