Email negotation, potientially legally binding?

[FreddieT]

Hi,

I just had a thought, about email negotation and the sale of a domain name. Consider this scenario:

Buyer1 emails you, offers you $500 for a domain, for example
You email him back, saying "I'll take $700"
Buyer1 then emails you back, saying "Deal"
But you also know someone else that was interested 3 months ago, when you had the domain at a higher price, Buyer2. So you email them, and tell them you're about to sell for $700, and do they want to make a higher offer.
Buyer2 emails you back, offering $800

Question is, could the fact that you offered $700 to Buyer1 via email, and he accepted be classed as a legally binding contract and could he/she sue you if you then sold to Buyer2 for the higher price? It's probably less concern with such relatively low figures, but what about when you start adding a 0 or two to the prices, and legal action might become more attractive?

And if so, would adding some sort of "disclaimer", e.g.:
"Disclamer, this offer is made as part of a negotation, and is not a legally binding contract between buyer and seller, at present, even if the offer is accepted by the buyer"
Protect me if such circumstance ever occured?

Thanks in advance

 

[equity78]

I think same for an email ALLAN I think if I say I want to buy beingshortsucks for $250 you have to send me an email saying I agree to sell please respond back to this emial understanding that your email is a binding contract, without that I think its the same as telling the telemarketer for the SI ok and then saying I think I have changed my mind he cannot do anything to make you buy but you did give a verbal, Buyers usually have rights to back out you have how many hours to back out of a mortgage? Most investments you have a window.

 

[IAmAllanShore]

It all depends on the wording and what is being bargained for, equity.

If the email was to say:

"I am offering you $250 for being short sucks.com . You can accept this offer by replying with "I accept". If I do not hear from you in 2 days, the offer will be withdrawn"

Then emailing with "I accept your offer" would be sufficient for Offer + Acceptance + Consideration = "Contract".

If the email is not as explicit, the results would vary.

-Allan :gl:

 

[barefoottech]

In most (if not all) democracies contracts are verbal as well as written. I've actually never heard of a country that a verbal agreement isn't legally binding (it could be out there, I just never heard of it).

An email can be considered a form of a written contract if anything it is more binding than verbal because there is actual proof of the contract. A verbal contract is usually (unless there is a witness) one person's word against the other. A verbal contract is binding, but you still have to prove the verbal contract existed.

I think a lot of people are confusing the Term "Verbal Contract" and the term "Oral Contract"
"Verbal" is often confused with the word "Oral"
"Verbal" is any natural langiuage communication whether is spoken,written as email,fax,Parchment contract document,or even scratched on the dirt beside the road with a stick
"Oral" is when it is spoken in a natural language.