Q: No oral agreement Does that mean the broker needs to communicate through email ? Written communication ?
A:
While oral agreements can sometimes be legally binding, they can be challenging to prove in court, especially if there is a dispute. Therefore, it is advisable for parties to communicate important terms, agreements, and negotiations through written means, such as emails, letters, or formal contracts.
Written communication provides a clear record of the parties' intentions, agreements, and obligations, reducing the risk of misunderstandings or disputes later on. Emails, in particular, can serve as valuable evidence in legal proceedings, as they often contain detailed information about discussions, offers, and acceptances between parties. By documenting communications in writing, parties can protect their rights and ensure that all parties are on the same page regarding the terms of their agreements.
However, it's essential to note that not all communications need to be formal contracts or written agreements to be legally binding. In some cases, informal written communications, such as emails or text messages, can also constitute valid contracts, depending on the circumstances. Therefore, it's crucial to consult with an attorney to understand the specific requirements and implications of written communication in your particular situation. An attorney can provide guidance on how to best document agreements and negotiations to protect your interests under California law.
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.
