Lithia, FL asked in Business Law and Contracts for Florida

Q: Is an email enough to modify the terms of a contract?

I am deciding whether to sign an agreement between myself and a bank for card processing services. The merchant agreement states there is an early termination fee, but I was able to get the bank to agree to waive the fee via email. If I sign this agreement as written but retain a copy of that email, would I be liable for the fee if I terminate early? I am also worried that the date of the email versus date of agreement signature may indicate that I was actually accepting the fee after asking to have it removed. What do you think?

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1 Lawyer Answer
Jane Kim
Jane Kim PRO label
  • Naples, FL
  • Licensed in Florida

A: Your written agreement reflects final terms and would likely exclude any oral or written understandings outside of the written agreement unless incorporated by reference as an addendum or exhibit.

Bruce Alexander Minnick and Barbara Billiot Stage agree with this answer

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