email contract

Here’s a contracts quiz for you. Two parties, Southwest and Winterer, are attempting to work out an agreement about ownership of a couple of adjacent parcels of property and Southwest files a petition for partition. After mediation and other discussions, the attorney for Winterer sends the following email to the mediator:

Here is Winterer’s offer:

  • Purchase Southwest’s interest in both parcels for $325,000.00;
  • Southwest deliver clear marketable fee simple title to both parcels via warranty deed;
  • Closing to take place at a title company of our choice within 30 days of signed Agreement;
  • Both parties split the past due tax obligations and Southwest pays for ½ of the 2010 taxes, up to date of closing;
  • Both parties dismiss their claims in the Partition suit with prejudice;
  • Southwest and Winterer execute a document containing mutual releases, non-disclosures and nondisparagement agreements.

And, of course, both parties split your fee.

[click to continue…]

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Contracting by Clicking Send

by Brian Rogers on May 23, 2011

in E-Contracting

Are contracts made via email enforceable? You betcha—although not in all cases.

In this recent post I highlighted a case where a written contract was modified by a pithy instant message exchange, and in this post I discussed a case where a court enforced “browsewrap” terms of use for a free website where the user had not read the terms. Today I’ll discuss a cyberspace contracting case where an email exchange formed a binding contract. [click to continue…]

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