window contractor

[68686868]

Wisconsin
Is an attachment to an email a legal document?

 

[justalayman]

Well, I have to look at mine to know whether they are legal documents or not. Sometimes they are. Sometimes they're funny cartoons. I have no idea what your is. Take a look. If it's a funny cartoon I would love to see it.

 

[tranquility]

Wisconsin
Is an attachment to an email a legal document?

It depends.

 

[quincy]

68686868, you do not have to start additional threads. In fact, on this forum it is better to keep all related-questions to one thread.

Here is a link to your earlier thread on the window issue you are having with the contractor, so forum members will have some background information: https://forum.freeadvice.com/construction-renovation-41/contract-not-upheld-615757.html

An attachment to an email may or may not be a legal document. What sort of email and what sort of attachment are you talking about? Is the attachment the revised window contract or does this have to do with an email from a lawyer and notification of a lawsuit or something else entirely?

 

[justalayman]

I get "page not found" quincy

 

[quincy]

I get "page not found" quincy

One would think, with all of the links I post on this site, that I would actually be getting better at posting them correctly. Not so.

I left off the "html" but the link should work now.

 

[justalayman]

works for me, literally.

 

[68686868]

contract not up held

68686868, you do not have to start additional threads. In fact, on this forum it is better to keep all related-questions to one thread.

Here is a link to your earlier thread on the window issue you are having with the contractor, so forum members will have some background information: https://forum.freeadvice.com/construction-renovation-41/contract-not-upheld-615757.html

An attachment to an email may or may not be a legal document. What sort of email and what sort of attachment are you talking about? Is the attachment the revised window contract or does this have to do with an email from a lawyer and notification of a lawsuit or something else entirely?

Hey quincy long time. This email is a result of a phone call with the owner of the window company. After alot of runaround on the phone the owner said if I sign the cancelation part on my original contract and wright a separate signed statement why I want to cancel he would refund my down payment. I asked him to send me something in writing stating this. He agreed to email me the statement. So I get an email from his office with an attachment with no letterhead on it stating what we agreed on with his secretary's name on it. I was wondering if it was legal or not. He did not want to send it by snail mail.

 

[justalayman]

https://docs.legis.wisconsin.gov/statutes/statutes/137/II/15

That appears to be the law on contracts and signatures in electronic form.


An electronically transmitted contract can be enforceable but there are requirements that must be met.

The bigger question is; is what you recieved really anything

 

[quincy]

Hey quincy long time. This email is a result of a phone call with the owner of the window company. After alot of runaround on the phone the owner said if I sign the cancelation part on my original contract and wright a separate signed statement why I want to cancel he would refund my down payment. I asked him to send me something in writing stating this. He agreed to email me the statement. So I get an email from his office with an attachment with no letterhead on it stating what we agreed on with his secretary's name on it. I was wondering if it was legal or not. He did not want to send it by snail mail.

Although the email you received from the company's secretary could legally bind the owner to the agreement (it would have to be personally reviewed), it seems to be missing a few key elements (like the owner's signature).

I think you might be better off insisting on a letter sent by regular mail that is signed by the owner, that outlines the agreement made between you and the owner as it relates to the cancellation and refund.

That said, I know you have battled with the window company for awhile now so I can see how it would be tempting to accept the emailed attachment as a promise from the owner to refund your down payment. It certainly appears you have made progress with the company's owner to get even that and I understand how you might be reluctant to push the issue and possibly lose the agreement.

You have options. You could sign the cancellation part of your original contract, write a separate signed statement and hope the owner responds by sending you a down payment. You could insist on a letter outlining the agreement and signed by the owner be sent to you by regular mail. Or you can have the email looked at by a lawyer in your area to determine if it binds the owner, in case the owner does not send the down payment, and seek guidance on what to do.

Good luck.

 

[68686868]

Although the email you received from the company's secretary could legally bind the owner to the agreement (it would have to be personally reviewed), it seems to be missing a few key elements (like the owner's signature).

I think you might be better off insisting on a letter sent by regular mail that is signed by the owner, that outlines the agreement made between you and the owner as it relates to the cancellation and refund.

That said, I know you have battled with the window company for awhile now so I can see how it would be tempting to accept the emailed attachment as a promise from the owner to refund your down payment. It certainly appears you have made progress with the company's owner to get even that and I understand how you might be reluctant to push the issue and possibly lose the agreement.

You have options. You could sign the cancellation part of your original contract, write a separate signed statement and hope the owner responds by sending you a down payment. You could insist on a letter outlining the agreement and signed by the owner be sent to you by regular mail. Or you can have the email looked at by a lawyer in your area to determine if it binds the owner, in case the owner does not send the down payment, and seek guidance on what to do.

Good luck.

Thankyou quincy, you are correct no owners signature just a verbal agreement over the phone. I wish I would have recorded the conversation with him. My thoughts are if I sign the cancellation I would be saying I'm canceling. Witch I'm not he could not build all my windows so the original contract in null and void. But I will request a electronic signature from him and we'll see where that goes. Nice to meet you justilian,

 

[68686868]

https://docs.legis.wisconsin.gov/statutes/statutes/137/II/15

That appears to be the law on contracts and signatures in electronic form.


An electronically transmitted contract can be enforceable but there are requirements that must be met.

The bigger question is; is what you recieved really anything

Yes I agree but the signature on the attachment is signed by his secretary. No I received nothing but a headache. The salesman told me in like July of last year that they couldn't build some of my windows. Witch in my mind nullifies the contract. The salesman kept telling me that they probably wouldn't give me my money back. He then came to me with a new contract with less windows on it, I refused to sign it. 6 months later when I called to get my down payment back they sent over the "sales manager" to get my side of the story again. He cent insisting that they could build all of my windows. I very nicely told him that his sale man told me otherwise and I told his salesman that the contract was nullified. I also told him that I did the windows myself. I have a phone recording of the salesman stating that they could only build some of the windows. What I feel it is coming down to is the owner just wants the 1000$ down payment. I do have an email from his secretary putting my phone conversation and agreement in a nut she'll from the owner.

 

[quincy]

Thankyou quincy, you are correct no owners signature just a verbal agreement over the phone. I wish I would have recorded the conversation with him. My thoughts are if I sign the cancellation I would be saying I'm canceling. Witch I'm not he could not build all my windows so the original contract in null and void. But I will request a electronic signature from him and we'll see where that goes. Nice to meet you justilian,

You have gotten this far with what you have been doing, 68686868, so continuing on your path and requesting the electronic signature may be all it takes to resolve the matter for you.

I can understand you not wanting to sign a cancellation when the original contract already seemed to be void with the changes the contractor made.

One other option not mentioned is drafting your own letter outlining the final terms agreed to and having the owner sign and return your letter - preferably returned with your down payment.

I wish you luck.

 

[68686868]

That's a very good idea quincy thankyou very much!

 

[quincy]

That's a very good idea quincy thankyou very much!

You're welcome, 68686868. Thanks for the thanks.

I wish you luck.