Legal Question in Technology Law in Florida

Is a text between me and a salesman considered a binding contract? A motorcycle salesman in Florida and I had an agreement I was trading my motorcycle in and buying one from him after negotiations have two or three days he sent me a text telling me we have a deal I can pick my motorcycle up at any time. The next day I get a call from the salesman hey tells me they no longer have this motorcycle. I have the text confirming the deal from him can this be used to make him honor our agreement by producing another motorcycle of equal value?


Asked on 8/03/15, 8:13 am

1 Answer from Attorneys

Edward Hoffman Law Offices of Edward A. Hoffman

It's possible to make a binding contract via text message, either in whole or in part. Whether an agreement is a contract usually depends only on what it says and not the means by which the parties reached it. There are exceptions to this rule, but nothing you've written suggests any are present here.

I don't have enough information to say whether you and the dealer actually made a valid contract. But even assuming that you did, it does not follow that he must sell you an equivalent motorcycle for the same price. Courts seldom make such orders. It's more likely that you would get a judgment for money, based largely on the difference between the price you agreed to and the price you'd have to pay elsewhere. But the dealer might choose to make good on the agreement rather than risk being sued.

The appropriate remedy in your case will depend on whether you have a contract at all and, if you do, on what it says. Other circumstances will probably matter as well. You may want to discuss your case in more detail with a Florida lawyer.

Good luck.

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Answered on 8/03/15, 2:13 pm


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