Asked in Real Estate Law for Michigan

Q: Is a text message legally binding if an amount was agreed to but the other party now wants more.

Our Son and Uncle own a home we are selling. Our Son moved away last year and we have done all the improviden improvements and upkeep. We agreed on$5000 but later told him $6000 in a text. He has since said he wants half which isn't reasonable. Can he be held to what we agreed on. He started in a text that "And like I said yesterday, I defended and continued to stand by our agreement every time people told me I should get half until I got hit with a dose of the truth that I buy a house, it's going to take every single dime I have and it should not be that way." I hate this.

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2 Lawyer Answers
David Soble
PREMIUM
David Soble
Answered
  • Farmington Hills, MI
  • Licensed in Michigan

A: Generally, text between parties can be used to show agreements and understandings between them, even where there may not be a written contract or signatures. The conduct of a particular party performing certain tasks or actions in reliance upon statement made in text communications can be used by a court to infer that a contract does indeed exist.

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Michael Zamzow
Michael Zamzow
Answered
  • Grand Rapids, MI
  • Licensed in Michigan

A: It is a little difficult to follow exactly what is going on. But, to answer the top question: I would suspect that in the very least it could be introduced as evidence of an agreement. And that might be just as good.

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