Legal Question in Civil Litigation in California

Does an e-mail constitute a legal contract?

My mother died a few years ago and had put her house in my brother's name before she died. However she had a hand-written document that stated she wanted the house to go to all seven of her children in the event of her death. So as a family we all got together after she died and agreed we would divy up the proceeds of the house at a later date. We decided to do it now.

We received a detailed e-mail from our brother a couple of weeks ago (the house is still 100% in his name) stating that he would like to buy the house from us for $X and will get a mortgage loan to cash us all out and pay us out next month.

In the event that he does not follow through and pay us, is there anything we can do to try to get our money out of him? Does his e-mail constitute a written contract such that we could take him to court to get our money if he does not pay us?

Any input on this would be greatly appreciated.

Thanks!


Asked on 5/27/09, 11:42 pm

2 Answers from Attorneys
Adam Telanoff Telanoff & Telanoff

Re: Does an e-mail constitute a legal contract?

The email probably is sufficient written evidence to support a lawsuit if he does not pay.

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Answered on 5/28/09, 4:38 pm
Edward Hoffman Law Offices of Edward A. Hoffman

Re: Does an e-mail constitute a legal contract?

Whether your agreement is a valid contract depends upon many factors. That it is in the form of an email is unlikely to be important in the analysis. Most emails are not contracts, but some are. Most contracts are not emails, but some are. What matters most is what the agreement says.

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Answered on 5/27/09, 11:46 pm


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