Houston, TX asked in Contracts, Business Law and Consumer Law for Texas

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.

1 Lawyer Answer
Anton Pal Montano
Anton Pal Montano
  • Bellaire, TX
  • Licensed in Texas

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!

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