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The purpose of an "as is" clause is to force the buyer to rely upon its own investigation, rather than upon the seller's representations, in determining whether or not to purchase the property.
The Electronic Signatures in Global and National Commerce Act, otherwise known as the E-Sign Act, states that electronic signatures shouldn't be considered invalid simply because they're electronic. In other words, e-signatures are completely legal and binding.
So, an email can be used as a legally binding contract, as long as: The terms and conditions of the contract are clearly set out. There is evidence that all parties agree to the terms and conditions. Any payment or rewards are detailed.
The basic elements required for the agreement to be a legally enforceable contract are: mutual assent, expressed by a valid offer and acceptance; adequate consideration; capacity; and legality. In some states, elements of consideration can be satisfied by a valid substitute.
Legally. Yes, since passage of the 2001 Uniform Electronic Transactions Act electronic records and signatures may create an enforceable contract for the sale of real estate ? if the email(s) satisfies the Statute of Frauds.
The contract must be in writing and there must be an offer and an acceptance of said offer. In order for a real estate contract to be enforceable by law, it is required to be in writing. 2. The contract must have mutual assent and legal purpose.
Most of these laws usually require some type of ?electronic signature? for the deal to be enforceable. Sometimes an email signature block or even the ?From? portion of the email message can constitute a valid electronic signature required to make a real estate deal binding on both parties.