Is it a binding agreement if I accepted an offer to purchase my property via e-mail?

UPDATED: Jun 18, 2011

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Is it a binding agreement if I accepted an offer to purchase my property via e-mail?

I agreed to the price but no formal contract has been made or signed.

Asked on June 18, 2011 under Real Estate Law, Ohio


MD, Member, California Bar / FreeAdvice Contributing Attorney

Answered 11 years ago | Contributor

A contract for the sale of property, as one of many types of contracts, must be in writing. The material terms all must be in writing and of course there must be signatures in place. Your issue will be if in your state, let's say the property is in your state, allows for such contracts to be via email (i.e. an e-signature) or if an actual handwriting signature is required. Keep in mind, what you agreed to may also only be considered an option contract but if someone was purchasing your property, then that person could get out of it by simply stating it may not meet certain statutory requirements, including disclosures and such.

IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

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