Written Agreement Text Message

With the spread of mobile phones, the work is increasingly done by and by SMS; for many people, it may even be their favorite form of communication! Texts can be used when setting up coffee or lunch meetings, sorting through the details of a plan, getting in touch with your independent contractors to see if they are available, quick help with a project, organizing a digital influencer on social media to promote your business and products, and confirmation of 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. The simplest solution to respond to these advances in corporate culture is to say that SMS cannot create legally binding contracts. This is exactly what California has done by adding new language to the Fraud Act (Assembly Bill 2136) which explicitly states that a text message is considered an ephemeral electronic message that is not sufficient to create a contract for the transfer of real estate. [1] While there is a limited exception that can make text messaging a critical consideration in drafting contracts,[2] the explicit exclusion of text messages in the law resolves much of the potential ambiguity for California companies and attorneys. Unfortunately, there is no direct answer to this question. Essentially, the validity of text messages depends on whether or not they are considered a written notification. Specifically, it depends on the terms of the contract between the landlord and the tenant. Some contracts may require tenants to receive notices by 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 actually considered valid. Since text messages are physically written by a party, there are some questions that can help determine the validity of SMS notifications.

For example; The instantaneous and informal nature of text messaging has revolutionized the way people communicate over long and short distances. In fact, text messages as a digitized and traceable form of communication between two or more parties are often addressed in legal disputes. But is a TEXT MESSAGE a legal document? The phrase “any other writing” implies that the court believes that the text messages are “written,” which is natural when looking at the simple meaning of the word “write.” the fact of electronic drafting does not make the contract unwritten. Business owners use email systems for a number of reasons, including their desire to improve responsiveness to customers, improve their employees` ability to provide improved customer service, and the need to keep their business up to date with the latest technologies. However, there are drawbacks to these programs, including the possibility that a customer`s live chat with an employee accidentally binds a company, resulting in unintended consequences. While restricting access to electronic communications with customers can give you security, restricting your employee`s autonomy creates extra work for you as a business owner, which isn`t practical for most small businesses. Alternatively, you can train your employees on these issues to make sure they understand that their emails, texts, and emails sent on behalf of the company have the potential to create binding contracts and educate them about your policies on what should and shouldn`t be included in their communications. Some verbal contracts are also enforceable. However, the evolution of technology adds to the confusion about valid contracts. .