Q: Is the content from emails legally binding?
I have a stream of emails and text from a lender stating that the only upfront fee is a 1% origination fee and the funds will be transferred after the origination fee is paid. They also sent a list of transfers to be made that day stating that this transfer is pending and that there is not a down payment . Now he says that I have to buy an insurance policy for $1000. They seem to be a reputable loan company.
A: It is possible for representations made in emails to cause the sender of the email to face liability if the representations are false, result in justified detrimental reliance, and it is also possible to create a legally binding contract based upon email communications. However, in this scenario and many other similar business or consumer situations, it is likely that there will be a final contract signed by the parties that will disclaim any reliance on prior representations made verbally or by email or other communication methods. It would be advisable to carefully read any contracts that you ultimately may need to sign because those will probably specifically override any representations made by prior emails. Of course, every situation can be different depending upon the facts, and thus an attorney consultation might help you with your specific situation. Best wishes to you!
Please note that my answers are for general educational purposes only and do not establish an attorney-client relationship. You should contact an attorney for specific legal advice regarding your situation.
Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.