Before the pandemic, Ernest Bux’s niece Chit Bux signed a lease with Iona Mall in an upscale strip shopping center and hired a contractor to build out her dream business – a beauty salon “Cuts & Fluffs.” When Dallas County ordered businesses to shutter last spring, Chit’s “essential business” construction on her salon continued toward meeting the originally scheduled July 1st opening date – perhaps the worst time to open a high-touch, close-quarters beauty salon. Having dealt with other unsuccessful startups in that same space, Iona needed Cuts & Fluffs to succeed; Chit needed a different opening date – much later when people were less fearful of crowds. Chit called Iona, her contractor and her banker who was shepherding her SBA loan. Can Chit work something out with Iona without completely modifying her lease?
Continue Reading Can an Email Exchange Modify a Lease?
Can an Email Exchange Bind a Real Estate Sale?
Sometime ago Ernest “Big Daddy” Bux conveyed a pipeline easement to Nodding Donkey Pipelines for the construction, operation and maintenance of a 24-inch pipeline across his Big Bux Ranch. In an email sent before Christmas, Lannie Landman with Nodding Donkey requested an easement for a second pipeline on the North side of the existing line.
Is Your Company Email to Santa Protected?
Frazzled by the incessant demands for her company Acne Brick’s financial records from her husband’s divorce lawyer Ditcher Quick, company president Annie Acne was wondering what her next maneuver might be when her Information Technology officer walked into her office. The subpoena that he was holding demanded production of all Acne email communications between Annie and (i) her divorce lawyers and (ii) her attorney brother who helped her rearrange just a few things. Annie immediately called her attorney Elle O’Quent to ask, “Can Acne Brick be ordered to produce Annie’s emails from Acne’s computer?”
Continue Reading Is Your Company Email to Santa Protected?
Avoiding Email Contracts
In response to our “You’ve Got MAIL, AND a Contract?!” blog posting in May, one of our favorite Tilting readers asked for any tips on avoiding an e-mail signature that creates a written agreement.
Disclaiming Signatures. The Tilting team is not aware of any authoritative recommendation for language disclaiming the creation of an enforceable contract…
Email Can Create a Binding Contract
SOLD!
You and a home buyer are “discussing” price via e-mail. It’s been a barrage of online discussion and exchanges. Now, about that final price … Could it be you’ve just “sold” your house without knowing it?
Consider this e-mail exchange in Massachusetts:
- Home buyer and home seller are exchanging e-mails.
- Sales terms for a
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