Joe Ferry----E-mail contracts

Originally Posted By: jmurray
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Joe Ferry are e-mail contracts enforceable?


Meaning if it is written in the contract that “by typing your name and returning the contract via e-mail, you hereby agree to all the terms of the contract”?


I apologize if this has been asked before, I haven’t ran into it!


Ooops posted this in the wrong section and I can't delete it!


Originally Posted By: jferry
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It depends on what the contract terms are. Not every term of every written contract is enforceable even when a hard copy is signed.


Originally Posted By: rwand1
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On a similar note, I have heard that it is a good idea to have the home inspection contract on your website.


Joe is that a good idea? I have it on my sight, I also provide a downloadable PDF or Word download.

Thanks Joe.

Cheers,

Raymond Wand
Alton, ON


Originally Posted By: jmurray
This post was automatically imported from our archived forum.



jferry wrote:
It depends on what the contract terms are. Not every term of every written contract is enforceable even when a hard copy is signed.


Okay, so is a e-mail contract as enforceable as a written contract?
I am referencing to NACHI's preinspection agreement.


Originally Posted By: bking
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On a similar subject, I have read on here that it is better to have an “agreement” vs. a “contract” for inspections.


Recently I have heard that some attorneys now are advising to use "contract".

Any pro's or con's on this?


Originally Posted By: jferry
This post was automatically imported from our archived forum.



bking wrote:
On a similar subject, I have read on here that it is better to have an "agreement" vs. a "contract" for inspections.

Recently I have heard that some attorneys now are advising to use "contract".

Any pro's or con's on this?


A contract and an agreement are the same thing.


Originally Posted By: jferry
This post was automatically imported from our archived forum.



rwand1 wrote:
On a similar note, I have heard that it is a good idea to have the home inspection contract on your website.

Joe is that a good idea? I have it on my sight, I also provide a downloadable PDF or Word download.

Thanks Joe.

Cheers,

Raymond Wand
Alton, ON


Ray -

I don't see it as either an advantage or a disadvantage.

Joe


Originally Posted By: jferry
This post was automatically imported from our archived forum.



jmurray wrote:
jferry wrote:
It depends on what the contract terms are. Not every term of every written contract is enforceable even when a hard copy is signed.


Okay, so is a e-mail contract as enforceable as a written contract?
I am referencing to NACHI's preinspection agreement.


There is nothing magical about a written contract. If you email someone a contract and he accepts by return email, that's a contract and the terms are those that you sent to him.


Originally Posted By: jmurray
This post was automatically imported from our archived forum.



jferry wrote:
jmurray wrote:
jferry wrote:
It depends on what the contract terms are. Not every term of every written contract is enforceable even when a hard copy is signed.


Okay, so is a e-mail contract as enforceable as a written contract?
I am referencing to NACHI's preinspection agreement.


There is nothing magical about a written contract. If you email someone a contract and he accepts by return email, that's a contract and the terms are those that you sent to him.


Thanks Joe, that's what I was looking for!