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Is A Text Message Considered A Written Agreement

Unfortunately, there is no direct answer to this question. Essentially, the validity of text messages depends on whether they are considered a written notification or not. In practical terms, this depends on the contractual terms between the landlord and the tenant. Some contracts may require tenants to receive notifications in the mail, in which case any form of electronic communication would not be considered a valid form of notification. However, in many cases, text messages are considered valid. Because text messages are physically written by a party, there are a few questions that can help determine the validity of text message notifications. For example, Under the E-Sign Act 2000, electronically signed contracts have the same weight as paper and ink contracts. This allows media such as e-signatures, clickwrap agreements and text messages to function as unilateral contracts as long as there is a clear method of consent (unmasking a box, SMS with “I agree,” etc.) and actual communication (link to terms of use, text messaging document, etc.). The law considers some agreements to be more significant and added that these agreements must be proven by a signed letter. This requirement is called the Fraud Act. These more important agreements include the transfer of land, marital agreements, agreements with a delivery duration of more than one year and agreements for a certain value (US$500 for the sale of goods under the UCC, p. 2 to 201). Home > Blog > Emails and SMS can also be a legally binding agreement! Can e-mails and text messages constitute a legally binding agreement? A binding basic contract must consist of four essential elements: there must be an offer, acceptance of that offer, consideration and the intention of both parties to establish legal relations.

There is no giant law surrounding text messages (and apparently not in terms of text messages and contracts). We know that a text message is not a “printed receipt” (Shlahtichman v. 800 Contacts) and that a text message is a “call” w.r.t. the Do-Not-Call-Gesetz (Campbell-Ewald Company v. Jose Gomez, Keating v. Nelnet). The closest I could to what I got with respect to a decision on writing a text message is The Commonwealth v. Mulgrave 472 Mass. 170, which states that, however, if “the damage has been caused”, and you must prove that a text exchange you have is a legally binding agreement, contact a local tenant tenant lawyer. These cases are very factual, and a lawyer can help you find your best legal course.

The short answer is that it is important. There are times when SMS can be legally binding and times it cannot do. A preventative solution to completely avoid discussion of whether text messages are considered legally permissible written communication is simply to have an initial discussion with your customers to see if text messages between the two parties are considered a legitimate form of communication or to request permission to record the time, date and content of relevant text messages for recording purposes. Proactive discussions with stakeholders and the signing of a treaty recognizing electronic communication as a legally binding form of communication avoid this debate and related issues. The immediate and informal nature of the text message has revolutionized the way people communicate over large and small distances.

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    Is A Text Message Considered A Written Agreement