Forum Discussion
Walaby
Nov 20, 2017Explorer II
Actually, an email can be a binding contract.
Snippet from lawgives.com
Both the federal Electronic Signatures in Global and National Commerce Act, which applies to all interstate and foreign transactions, and the Uniform Electronic Transactions Act (“UETA”), a version of which California[1] and the majority of states have adopted, provide that a contract and signature won’t be denied legal effect solely because they’re in electronic form. Under these laws, the sender’s printed name at the end of an email, in the email’s signature block or even in the “From” line, can be a sufficient electronic signature to bind the sender to a contract formed by that email exchange.
Courts across the country are increasingly enforcing contracts formed by exchanges of emails that appear informal and are unsigned in the traditional sense. One recent New York decision found that “given the now widespread use of email as a form of written communication in both personal and business affairs, it would be unreasonable to conclude that email messages are incapable of conforming to the criteria of (the New York version of the UETA) simply because they cannot be physically signed in a traditional fashion”[2]
Im sure there's alot more to it. I think the best advice given thus far is for OP to talk directly to the dealer.
$4K is a significant amount of money, so I would certainly engage and try to recoup some of that. I'd be happy splitting the difference, considering you did give your word to the dealer that you would buy the TT.
Put yourself in the dealers shoes. Would you be pissed and try to hold the dealer to your deal, if he found another buyer willing to pay $4K more and they sold it to him?
Mike
Snippet from lawgives.com
Both the federal Electronic Signatures in Global and National Commerce Act, which applies to all interstate and foreign transactions, and the Uniform Electronic Transactions Act (“UETA”), a version of which California[1] and the majority of states have adopted, provide that a contract and signature won’t be denied legal effect solely because they’re in electronic form. Under these laws, the sender’s printed name at the end of an email, in the email’s signature block or even in the “From” line, can be a sufficient electronic signature to bind the sender to a contract formed by that email exchange.
Courts across the country are increasingly enforcing contracts formed by exchanges of emails that appear informal and are unsigned in the traditional sense. One recent New York decision found that “given the now widespread use of email as a form of written communication in both personal and business affairs, it would be unreasonable to conclude that email messages are incapable of conforming to the criteria of (the New York version of the UETA) simply because they cannot be physically signed in a traditional fashion”[2]
Im sure there's alot more to it. I think the best advice given thus far is for OP to talk directly to the dealer.
$4K is a significant amount of money, so I would certainly engage and try to recoup some of that. I'd be happy splitting the difference, considering you did give your word to the dealer that you would buy the TT.
Put yourself in the dealers shoes. Would you be pissed and try to hold the dealer to your deal, if he found another buyer willing to pay $4K more and they sold it to him?
Mike
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