Legal Question in Real Estate Law in California

Condo Rental

If we have a lease agreement for an

apartment emailed to us but not yet

signed, is it a binding legal

document. Our, potential, landlord

wants to back out on an agreement

to lease a condo to us after they

have sent us the lease agreement. It

is, as yet, unsigned. Do we have any

legal recourse?


Asked on 2/29/08, 10:28 am

1 Answer from Attorneys

Bryan Whipple Bryan R. R. Whipple, Attorney at Law

Re: Condo Rental

A lawyer would need to know where you stood in the overall negotiation process to be sure. Forming a contract requires an offer by one party followe by an acceptance by the other. The e-mail was probably an offer, which you could accept by signing and sending back. Electronic signatures, by the way, are usually acceptable these days if it looks from the e-mail and the surrounding circumstances that the sender intended it to serve in place of a pen-and-ink signature.

If it were only an offer, the maker of the offer (the landlord) could retract the offer by notice to you before you sent back your acceptance. This is favorable to the landlord.

On the other hand, it is possible that a previous communication from you to the landlord would be the offer, so that the landlord's e-mail we're discussing would be his acceptance of your offer if said e-mail were electronically signed by him when he sent it.

On balance, and without any information about a prior communication which would be your offer, I think the landlord would prevail and you wouldn't have recourse. But, as I explained, the posture of pre-contract negotiations seems to govern, and I don't have full facts.

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Answered on 2/29/08, 6:39 pm


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