Our team at PactSafe has identified issues related to the use of text messages in court and has also understood the speed and efficiency with which you can communicate via text. PactSafe, thanks to its text-to-sign function, is able to immediately provide high-speed contracts to your mobile phone or messaging platform with the legal requirements and necessary records for your safety. Given that a real estate contract must be written under state contract law, the importance of this decision would determine that text messages are legally equivalent to bilateral contracts written on ink and paper. You can avoid crashed contracts by email by stating that your negotiations are “contrary to the contract” and that you do not intend communication to be mandatory. It is well regulated that digital communication is considered “writing” under the law. It is also well established in the Uniform Electronic Transaction Act (UETA) and the Electronic Signatures in Global and National Commerce (ESIGN) Act that digital representations of signatures such as “an electronic sound, symbol or process related or logically related to a data set and by a person intending to: signing, executing or adopting the dataset”. To learn more about this topic, see my talk here. So, what`s the problem with text messages? The immediate and informal nature of the text message has revolutionized the way people communicate over long and small distances. Indeed, text messages are often referred to in litigation as a digitized and understandable form of communication between two or more parties. But is a TEXT MESSAGE a legal document? If a company is concerned that its state is following in the footsteps of Massachusetts, it would be advisable to understand its state`s handling of email correspondence in case law, as well as concepts such as the essential terms of an agreement and the rule of parol proof. It may even be possible to predict the most likely interpretation of text messages from one state to another based on these predictive markers and the analogy with email communication. Either way, lawyers and companies are in the best position to prepare for the legal importance of text messages in negotiations and the formulation of binding contracts. Can emails and text messages be a legally binding agreement? A binding contract in principle must consist of four key elements: there must be an offer, the acceptance of that offer, consideration and the intention of both parties to create legal relationships.
You might say, “Isn`t a signature just proof of who made the deal? Here it is clear who sent the SMS and so it is agreed! All this makes a lot of sense, but the status of fraud is a statute and must be interpreted strictly. End of story. With the spread of mobile phones, the work is increasingly carried out through and through text messages; for many people, it may even be their favorite form of communication! Texts can be used when you`re hosting coffee or lunch meetings, sorting through the details of a plan, contacting your independent contractors to see if they`re available, quickly helping a project, arranging a digital influencer on social media to promote your business and products, and confirming the details of a potential sale! All of this raises the question of whether a text message can create a legally binding contract, especially for a California business owner. . . .