TEXT MESSAGE CONTRACT

1st July 2018

DID THAT TEXT MESSAGE YOU JUST SENT BECOME A LEGALLY BINDING AGREEMENT?

In this day and age, statistics say that about 65% of the world's population use text messaging. In North America, the number is 80%! How many text messages do you, personally, send and receive, per day?

Did you know that your own personal text messages could be used against you in a court of law, if a conflict were to arise? Or, that a text message to you, from someone else, could hold the same weight? If not, now you know!

Fortunately, for me, the legal system has recently been considering the validity of agreements made by electronic means, such as text messaging, and in some cases have been allowed as proof of a legally valid and enforceable agreement, even though there was no hand written signature. I found myself in a situation where another company's Broker agreed to pay a referral fee, though after receiving her referral, she dodged the signing of a DocuSign, closed the deal and tried to keep the commission all to herself. A year later and after a 2 1/2 hour small claims court trial, the judge found that the text message agreement was valid and enforceable. Though, the story is not over! She has filed an appeal and now there will be a do-over in a higher court. To be continued....

 

For now, the moral of the story.... Your word is your word, an agreement is an agreement. Don't make promises you don't intend to keep, just because you think it doesn't "count" unless you put a pen to paper.

Sherri Fair