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  • Writer's picturePaul Peter Nicolai

Land Sale Contract Overridden

A person sold a piece of land with a side agreement that said that, under certain circumstances, they could repurchase the property at a fixed price. Later, through an e-mail exchange, a different deal than the one in the side agreement was arrived at. The original seller asked for a court order enforcing the original side agreement. It was denied.

 

WHY THIS IS IMPORTANT… A combination of oral communications and electronic mail messages was enough to amend the terms of a written agreement on the land sale. The court ruled there was enough here to comply with the statute of frauds, which requires that contracts for land sales be made in writing. This continues the trend of finding electronic mail communications sufficient to form contracts.

 

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