My guess is that its not, but I'd like to know. I was in negotiation over email about the sale of a domain, for about $5k. We went through escrow.com, but i decided to cancel the transaction, so now he's claiming I HAVE to sell it to him legally because I said I would. Is that true or is he just pissed off.
No money was exchanged, no written contracts or anything. Seems like an amount this large would need a contract and even if there were a contract no payment was made.
Am I right?
2007-08-09 06:05:20 · 6 answers · asked by yo yo dog 2 in Politics & Government ➔ Law & Ethics
I think this guys just trying to scare me - so if I email someone and say I'll buy their watch for $1,000,000 I have to legally buy that watch?
2007-08-09 06:40:18 · update #1
No signature, no money, no sale. He doesn't have a leg to stand on.
2007-08-09 06:11:23 · answer #1 · answered by Anonymous · 1⤊ 3⤋
Emails can be legally binding but in this case it is not. Think about it like this : if you own a piece of land and talk to a neighbor about selling it to them for lets say 1k and then decide to keep it for yourself they cant do nothing about it. If he did not sign any forms (electronically or in hand writing) or give you any payments then there is nothing legally binding in this situation.
Under UETA the contract is only binding if a contract of some type was written up. There has to be an electronic signature.
2007-08-09 06:11:11 · answer #2 · answered by Mr. Nobody 5 · 0⤊ 0⤋
Nowadays a lot of business is conducted by e-mail, but most experienced businesses exchange a contract.
There are digital signatures which are legally binding.
There are ways to send them which are believed to be computer security reliable.
But most people get some contract, put it in a PDF, put it in snail mail, get it signed, send it back and forth, perhaps by fax machine, so that both end up with signed copy of contract in their respective files.
e-mail is a way of discussing, of getting nailed down what the terms of the contract are, it is not the contract.
However, the business world is evolving, the laws not consistent from nation to nation.
You need to put in a file folder printed copies of all the e-mail, IM, whatever communications that went back and forth to study, to see if ANY of them made promises that now you may be legally obligated to carry out.
an e-mail is like a snail mail ... same legal stuff
main difference is risk of breach
other people can fake themselves as being you
this is why it is best to have legal signature
either on paper or in digital form
2007-08-09 06:48:41 · answer #3 · answered by Anonymous · 1⤊ 0⤋
You are absolutely WRONG. It is legally binding under the Uniform Electronic Transactions Act. It can indeed be a binding contract that satisfies the Statute of Frauds.
2007-08-09 06:21:33 · answer #4 · answered by cyanne2ak 7 · 0⤊ 1⤋
If you agreed to give something in exchange for something else, you have entered into a contract, whether it's spoken, written, or otherwise. Oral contracts are certainly binding and enforced. The only difference here is, no one can argue about what exactly was said, so I'd say there's an even greater chance the contract would hold up.
2007-08-09 06:18:33 · answer #5 · answered by James 7 · 0⤊ 3⤋
Unless you have a signed contract, you are not legally bound to sell him anything.
2007-08-09 06:10:09 · answer #6 · answered by Michael C 7 · 2⤊ 2⤋