Legal Question in Business Law in Virginia
Are faxes offical contracts
I signed a contract and faxed it to a company. Is this fax considered an offical contract that the courts will honor?
1 Answer from Attorneys
Re: Are faxes offical contracts
Generally speaking, yes. The law has moved away from the idea of excessive formalities such as ribbons, wax, and seals, and even original signatures.
Technically, the contract is the intangible agreement between the two sides. The paper is not the contract. The paper is EVIDENCE of the agreement that you entered into.
Now, many courts will require a "lost note affidavit" or something explaining why the court is not producing the original of the contract (original of the signatures). But with any reasonable explanation, the court will accept the fax copy.
Now, that is assuming there is no dispute. If someone denies signing the contract, then there would be a factual inquiry into whether or not the signature is real.
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