Legal Question in Real Estate Law in Minnesota

Accepting Offers

Can an email from the seller be considered forming a contract instead of a signed purchase agreement? The email in this case states accepting certain terms but not all. Next conversation and email requests a copy of the agreement for review before an agreement is reached. Agreement was never signed by seller.


Asked on 5/24/02, 9:42 pm

1 Answer from Attorneys

David Kelly-952-544-6356 Kelly Law Office

Re: Accepting Offers

Agreements concerning real estate have to be in writing to be valid - at least here in Minnesota they do.

I know of no cases involing whether an email could satisfy that requirement. What you describe, however, is not an agreement but a counteroffer, since it expresses willingness to accept some terms but not others.

The old cases involving traditional letters sent by snail mail required a "meeting of the minds" before they could be taken as supporting an agreement concerning real estate. It would be up to a court to decide whether such a meeting of the minds has taken place.

My suggestion is that in any eletronic communication concerning this you add a disclaimer stating that you consider no agreement final until it is in writing with signatures of both parties. That's what you need to have anyway, because it is the only way to be sure that you have an agreement that would stand up in court or at least would probably stand up in court.

Good luck.

This response is for general information purposes only and does not create an attorney-client relationship. You are advised to seek the advice of the attorney of your choice concerning the details of your case.

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Answered on 5/28/02, 11:36 am


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