QUESTION
Text Message to Say "if decide to sell the house we will enlist your service" to agent, is that legally binding contract to use her service?
Asked on Jan 30th, 2017 on Breach of Contract - Arizona
More details to this question:
Hi - I was discussing my options on my house (rent vs sell) with an agent acquaintance. Later on decided to sell. But because of her pushy attitude and fear of conflict of interest (she offered she and her husband buy the house), I decided to speak to other realtors, and later on decided to use another agent's service. However she claimed that because I sent her text message saying I will use her service, that constitutes legal binding contract even though I have not signed anything with her.
1 ANSWER
I think your text is probably too indefinite (i.e. omits critical terms) for it to be considered a valid contract. You will use her services - at what price/commission? for how long? is it an exclusive listing? what authority does she have to negotiate on your behelf? what are you asking for your house? etc. Of course, if these terms were agreed upon orally, that's a different story. Also, if the parties did not intend to be bound until you had a formal signed contract, the text would not create a binding contract, but the question of intent is not open and shut.
Answered on Jan 31st, 2017 at 9:35 AM