QUESTION
Is an email legally binding agreement
Asked on Oct 31st, 2021 on Residential Real Estate - Michigan
More details to this question:
We are building a home and decided to make a fireplace the focal point of the house. We told the builder we would like it done before we moved in but wanted to hire someone else to do it and it not be on the total price of the house. We wanted it separate. The builder agreed and allowed us to use his contractor. The estimate for it went through the builder. We had to pay the builder check though so he got his cut of they’ve build and the rest went to the fireplace company. I did see the contract for the fireplace to the builder. . Now a few weeks before close he builder wants us to sign an addendum adding the fireplace back on the house increasing the sale price of the house. The fireplace cost $6890. The initial agreement was through email from our realtor to the builders rep to the builder and back. We did sign an addendum originally describing what was included in the fireplace build. The builder did cash the check
1 ANSWER
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Email alone may create a contract.
Contracts require:
an offer- he offered to let you use his guy for the fireplace
acceptance- you agreed and sent money to him for the fireplace
consideration- the money you sent, the check, is a writing sufficient to support a contract under Michigan law.
regarding terms- the emails described the work to be done, timelines and who would do the work.
On these facts, it looks like an enforceable contract.
The specificity of the email and any vague language in the e-mails can also change the outcome.
I suggest you send a letter to the builder outlining your position and request he cancel adding the fireplace back in.
He might decide to hold up closing, so you may have to close and go after him afterwards. Some builders are thinly capitalized and a lawsuit causes them to close.
Answered on Nov 01st, 2021 at 1:06 PM