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Joshua
Joshua, Lawyer
Category: Law
Satisfied Customers: 25986
Experience:  LL.B (Hons), Higher Prof. Dip. Law & Practice
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If an offer of money is via text can it be upheld in court

Customer Question

If an offer of money is via text can it be upheld in court?
Submitted: 3 years ago.
Category: Law
Expert:  Joshua replied 3 years ago.

Joshua :

Hello and thank you for your question. I will be very pleased to assist you. I'm a practicing lawyer in England with over 10 years experience.

Joshua :

Could you confirm who offered the money by text to whom and what the text said precisely please?

JACUSTOMER-ate1y22d- : This was sent from the seller of the house to me. My parents have bought the house now at 230k. 'hi sam, if we cud agree at 230 with 5later...will have to do a gents agreement....how definite r u?'
JACUSTOMER-ate1y22d- : I responded that i wud discuss with m&d and explained i would only have 5k when my house sold. (sold end of jan)
JACUSTOMER-ate1y22d- : Seller replied...yep 5k whenever bit is fine...(at the time tho we knew of someone else was in the process of buying the house and had searches and full survey done. she told me that he was quibbling over the price. I knew he was paying more than 225 but knew heew he wouldnt pay more than 230k
JACUSTOMER-ate1y22d- : Anyway so thinking now that she was selling to m&d she went back to the man and said she had someone else interested and was he going ahead and he said no and pulled out.
JACUSTOMER-ate1y22d- : We then asked if we cud see the copy of the survey report he had done. The house required 50k spent on it. she dressed this up sayinv that tge buildr abd surveyor were friends and he nade it out to be alot worsd yhan it was. Not true we have had stacks of quotes and repairs are going yo be costly. We have had the house a mth or so and its unsafe yo move into due to wet in tge walls and wet sockets.
JACUSTOMER-ate1y22d- : The other problem is that i dont have any money left from my house sale as i gad debts to repay. The money was joint with my partner and he didnt agree to anything. She also owned tge house in joint names with her ex but is claiming for the full 5k to be paid to her bank acc. She also hasnt paid any estate agent fees altho it was my name as contact via the initial viewing and i an sure tgat even a frirnd or relative that purchases they wud still incur the fees.
Joshua :

my apologies for the delay in reverting to you-I have been in a meeting

Joshua :

the above exchange of text messages in my view is not remotely enforceable. The reason for my view is that the property sale would have been conducted by way of a written contract which provides that all terms are incorporated into the written contract exchanged between solicitors and excludes any correspondence exchanged between parties externally. in other words, only correspondence exchanged through the solicitors is legally binding

Joshua :

the second reason I do not consider the above is enforceable is because there is no clear evidence of offer and acceptance. The closest he came to acceptance was advising that you would discuss the matter with your parents matters in a way evidence of formal acceptance of any form of agreement.

Joshua :

Accordingly, I cannot see any basis for the seller making a claim for a further £5000 based on the above

Joshua :

Is there anything above I can clarify for you?

Joshua :

Does the above answer all your questions or is there anything I can help you with any further?