• FreeAdvice has a new Terms of Service and Privacy Policy, effective May 25, 2018.
    By continuing to use this site, you are consenting to our Terms of Service and use of cookies.

Can e-mail be a binding contract?

Accident - Bankruptcy - Criminal Law / DUI - Business - Consumer - Employment - Family - Immigration - Real Estate - Tax - Traffic - Wills   Please click a topic or scroll down for more.


Paul Arsenault

First of all ... what a great site. Thanx! Last week I saw this ad for someone wanting to buy a 1989-91 VW Westfalia camper van which I have. I e-mailed him told him the price and mileage and he and his wife drove three hours to look at it which they loved but wanted a week to think about it. Than he e-mailed and said the price was too price and we basically went back and forth on the price. Than he e-mailed a price which I e-mailed back "sold and congrats". He than sent two e-mails about how exicited he was than today he called and talked to my wife and said he couldn't take it. Question is this a binding contract? thanx, paul



I am a law school graduate. What I offer is mere information, not to be construed as forming an attorney client relationship.

Could be.

Basically, there were offers and counteroffers.

His add was not an offer - just an invitation.

You made the initial offer, he countered, he finally made a good counteroffer and you accepted. He cannot take this back after you accepted. He repudiated the contract, he is breach.

But the question remains on what your damages are.

Think long and hard about that before you decide to sue.

Find the Right Lawyer for Your Legal Issue!

Fast, Free, and Confidential