Massachusetts Contract for Sale of Real Property (To Be Used for a Communication System)
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FAQ
"4 elements are needed for a valid and binding contract that will be enforced by a court: legal capacity to contract, mutual consent, a lawful objective, and. consideration." in writing (if real estate contract)
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.
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.
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.
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.
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.
Verbal agreements between two parties are just as enforceable as a written agreement, so long as they do not violate the Statute of Frauds. Like written contracts, oral ones just need to meet the requirements of a valid contract to be enforced in court.