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Text Messages and Emails as Legal Instruments (Not a Lawfag)
A Signed Text Message Can Result in a Binding Real Estate Contract - May 14, 2018 by Peter F. Carr, II
“contract by text message”...A formal signature or even a complete first and last name is not required. The cases to date largely have turned on whether the name of the sender appears at the end of the text message to signify the authentication of its preceding substance. The text message is sufficiently signed and binding provided that it concludes with a “mark” to indicate that the sender adopts the message... the court infers that the text message sent by [Tim, the seller’s broker] was intended to be authenticated by his deliberate choice to type his name at the conclusion of his text message.
https://bostonbarjournal.com/2018/05/14/a-signed-text-message-can-result-in-a-binding-real-estate-contract/
E-Mail May Be Binding, State Court Rules By C. J. HUGHESFEB. 17, 2011
Naldi v. Grunberg, which was handed down on Oct. 5 by the Appellate Division, First Department of State Supreme Court in Manhattan.
As much as communication originally written or typed on paper, an e-mail retrievable from computer storage is proof of a deal, according to the court’s opinion, which was written by Associate Justice David Friedman.
https://www.nytimes.com/2011/02/20/realestate/20posting.html
Are Your Emails Enforceable Contracts?
the Appellate Division stated: “given the now widespread use of email as a form of written communication in both personal and business affairs, it would be unreasonable to conclude that email messages are incapable of conforming to the criteria of [New York law] simply because they cannot be physically signed in a traditional fashion.” The Appellate Division focused on the sign-off "Thanks Brenda Greene" at the end of the email concluding it evidenced a “purposeful” signature of the message that is consistent with the reasoning and intent of New York’s Electronic Signatures and Records Act
https://www.forbes.com/sites/oliverherzfeld/2013/12/09/are-your-emails-enforceable-contracts/#56186eb44f8a
Text Messages and Binding Contracts - Andrew S. Carlins - September 14 2018
A New Legal Frontier
California has done just that by adding new language to the Statute of Frauds (Assembly Bill 2136) expressly stating that a text message is considered an electronic message of an ephemeral nature which is insufficient to create a contract to convey real property.
The Land Court of Massachusetts has held that “text messages and emails can potentially satisfy the Statute of Frauds, provided that they, like other writings, contain the essential terms of the transaction and are signed by the parties to be bound or their authorized agents.”
The legislation in California is unique, whereas the Massachusetts legislative history is nearly identical to that in many other states and is differentiated primarily upon the basis of case law. As a result, in states that have adopted the Uniform Electronics Transactions Act, it is reasonable to anticipate that courts may develop their own case law in a manner comparable to that of Massachusetts.
https://www.lexology.com/library/detail.aspx?g=42df9a95-7130-434b-a7e9-4f093b54816f
Uniform Electronic Transactions Act - From Wikipedia
The Uniform Electronic Transactions Act (UETA) is one of the several United States Uniform Acts proposed by the National Conference of Commissioners on Uniform State Laws (NCCUSL). Forty-seven states, the District of Columbia, and the U.S. Virgin Islands have adopted the UETA. Its purpose is to harmonize state laws concerning retention of paper records (especially checks) and the validity of electronic signatures. While three states have not adopted UETA, they do have laws recognizing electronic signatures (Illinois, New York, and Washington).
https://en.wikipedia.org/wiki/Uniform_Electronic_Transactions_Act