Q: Can email/text be used to show breach of contract?
I have a broker who drafted a purchase agreement between me and a potential buyer of my business.
The agreement was based on multiple emails and texts which the buyer and I had agreed on terms, conditions and price.
Two days ago she sent an email saying she couldn't sign because she had an employee leave.
My landlord’s attorney was drafting a lease for her to assume Jan 1 based on her request to have the Jan payment spread out over the term of the lease. Now that she backed out, the landlord said I have to pay $36,000 to exit on Jan 1 (the date she was supposed to move in).
Is this considered a breach of contract? Is so, is it worthwhile to have a letter drafted to encourage her to move forward with the sale? I’ve tried offering solutions to her staffing issue, but she is not open to them and doesn’t realize the financial harm that she has caused.
A: If there was an enforceable agreement, whether orally, via e-mails or through a more traditional written agreement, it depends on the terms of the agreement. If there was not an agreement there cannot be a breach.
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