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I'm not an attorney, and I don't even play one on TV, but I would highly doubt it is an enforceable form of negotiation.
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Michael Jacobs
Pasadena, CA
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534,647
just looking back on some of the old questions and answers, looks like you got some good replies here.
1,712,776
Taking a different angle, in Oklahoma it is required that you keep all electronic correspondence as part of your conpleted contract file. However, this primarily is email and not texting. With that in mind my practice is not to use it that way since I want to show my due diligence in case of trouble so for that I use email.
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Florida is a Statute of Frauds state...a contract must be in writing to be enforcable.
Besides, even if you could...who's text are you going to trust? The Florida transaction broker (who is not an AGENT of the consumer) who cannot bind a consumer, and has no client?
Or the consumer who will delete the text and deny they ever agreed...?
Eve
1,683,912
I don't know if it's legal, but I make sure all of our conversations are done by email. I like a way of recording everything.
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Texting is merely a way to communicate. But then whatever is agreed to needs to be reduced to a written contract or initialed changes in an original offer.
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No but it does help to tract communication and can be used in a court to veruify what you said happened.
5,772,587
Ron,
I don't know the legalities, and I would ask a legal eagle in your state. I do know that texts can be used against you by law enforcement, as can emails. Our cousin in France told us about a murder conviction that was aided by having access to smartphone texts.
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I am not a realtor, but Chief Cook is, and the answer is nope, nada, nyet. It all has to be in writing from her standpoint.
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Hi Ron -- I'm not an attorney so I don't answer legal questions...that's my standard answer. Texting is a form of communication so it can be the conversation that precedes a written offer, written counter offer, negotiations or a written acceptance.
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956,472
Yes and than ratified by final contract. All supportive texting is saved in the cloud for all transactions, most carriers also save transcripts of texts as well as Google (text over Google voice & email) as evident in some investigations/court cases. (Have done much of this with leases, not much on sales).
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It can be legal. Accepted- not really. It would be hard to prove who actually sent all the text messages involved.