BusinessBrief.com » How an email becomes a binding contract

How an email becomes a binding contract

September 11, 2012 by Jim Giuliano
Posted in: Customer service, Finance, In this week's e-newsletter, Latest News & Views, Technology


A lot of companies communicate with customers via email, including sending agreements and documents such as credit applications. That could spell trouble.

Fact: When you discuss terms or contract details — as might happen with your Credit department — via email, that could turn into an enforceable contract if the email:

  • states the terms of the agreement
  • contains language expressing or contemplating a final agreement or settling on terms
  • indicates you’ve come to a final agreement with a customer, or
  • contains an offer to sell or purchase and an acceptance of the offer, tied to a price.

You can protect yourself by including a disclaimer in your email, such as:

  • “This is not a final agreement,” or
  • “To finalize our agreement, we will need a physical signature from an authorized company representative.”
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