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Old 11-23-2011, 11:22 AM
 
418 posts, read 1,318,306 times
Reputation: 149

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The seller tells me (in an email) that the earnest deposit can be used for another home within an year if my contract falls through. Without a signed addendum, would this email suffice if we had issues down the road with being able to use our deposit for another home?
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Old 11-23-2011, 11:30 AM
 
Location: Richmond, VA
2,697 posts, read 4,633,204 times
Reputation: 4340
Quote:
Originally Posted by vauser View Post
From: Vauser
To: GeorgiaTransplant
Subject: Legal Debt

I owe you $1,000,000. I will pay you within 1 year; this is legally enforceable because of this email.

v/r,

Vauser
Does this answer your question?
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Old 11-23-2011, 11:35 AM
 
418 posts, read 1,318,306 times
Reputation: 149
Quote:
Originally Posted by GeorgiaTransplant View Post
Does this answer your question?
http://www.nytimes.com/2011/02/20/re...20posting.html

Just found this..
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Old 11-23-2011, 12:27 PM
 
477 posts, read 657,493 times
Reputation: 67
Quote:
Originally Posted by GeorgiaTransplant View Post
Does this answer your question?
Well...it is not that easy (like you type some text and claim as vauser's email message)

So if you get into a situation where email is produced as evidence, then I am sure, the investigators start with the step to conclude if it was a genuine message.

They can do that by checking email headers to see where it is originated, who sent it and who received etc. They can also contact ISPs involved to make sure it was genuinely transmitted..they can also contact email providers to confirm the authenticity etc etc

FWIW, emails are long accepted as "e-signatures" or e-confirmation since They CAN verify (if needed)
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Old 11-23-2011, 02:12 PM
 
371 posts, read 730,530 times
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E-mails are used on People's Court all the time. Maybe you will want to take them there if you need to sue.
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Old 11-23-2011, 03:17 PM
 
Location: Fairfax County
1,534 posts, read 3,315,194 times
Reputation: 507
Quote:
Originally Posted by vauser View Post
Without a signed addendum, would this email suffice if we had issues down the road with being able to use our deposit for another home?
You must have made a pretty small earnest money deposit if you are trusting the determination of "is this good enough for a court of law?" to an internet message board.
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Old 11-23-2011, 07:34 PM
 
Location: Richmond, VA
2,697 posts, read 4,633,204 times
Reputation: 4340
Quote:
Originally Posted by TechRider View Post
Well...it is not that easy (like you type some text and claim as vauser's email message)

So if you get into a situation where email is produced as evidence, then I am sure, the investigators start with the step to conclude if it was a genuine message.

They can do that by checking email headers to see where it is originated, who sent it and who received etc. They can also contact ISPs involved to make sure it was genuinely transmitted..they can also contact email providers to confirm the authenticity etc etc

FWIW, emails are long accepted as "e-signatures" or e-confirmation since They CAN verify (if needed)
I buy it if there is a digital signature, using asymmetric cryptography, allowing nonrepudiation that is extremely difficult (or, in a practical sense, impossible) to fake.

I don't buy it if you're trusting some_generic_email with no, or weak, cryptographic signature techniques as an "e-signature" to prove much of anything. I don't think that will hold up long-term in the courts, any more than me scrawling your name and claiming you signed the document holds up. I can pretty easily spoof a sending IP address and header. Records at an ISP might be a possible way to get around that; I have no idea how long they hold messages, though. Probably not forever.
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Old 11-23-2011, 08:43 PM
 
100 posts, read 144,941 times
Reputation: 37
or the statute of frauds ...

without giving you legal advice over the internet anonymously, you may want to consult with a lawyer as to the enforceability of a promise like that made in an email.
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Old 11-24-2011, 07:45 AM
 
Location: Sterling, VA
1,059 posts, read 2,623,092 times
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If the contract is not yet ratified, have your agent add it to the pending contract. If the contract is ratified have your agent prepare an addendum to the contract to be signed by all parties. This is real estate 101.
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Old 11-24-2011, 07:49 AM
 
Location: Oxnard, CA
1,552 posts, read 3,673,854 times
Reputation: 1254
I would put it in writing as this is something rather major...however, I went to small claims court in 2005 in Los Angeles over a promise of payment I never received. The promise was in an email and the judge awarded me the money so I guess it depends. I had enough evidence of what took place and the defendant only had his word...but I had his email he sent to me.
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