Newnan, GA asked in Contracts and Business Law for Georgia

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.

Related Topics:
1 Lawyer Answer
Glenn M. Lyon
Glenn M. Lyon
  • Atlanta, GA
  • Licensed in Georgia

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.

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.