Can An E-Mail Exchange Form A Real Estate Contract?
By Douglas M. Lieberman* * – Douglas M. Lieberman is a partner in the general practice law firm of Markotsis & Lieberman, located in Hicksville, and whose particular practice focuses on litigation and transactional work. In today’s fast-paced business environment of cell phones, wireless Internet and Blackberry’s, sending an e-mail is second nature. Indeed, an argument can be made that e-mail exchanges are taking over for telephone conversations and correspondence by “snail mail.” There is no question that an oral conversation between a buyer and seller of real estate which contains all of the necessary elements for a contract of sale would nonetheless violate the Statute of Frauds. See, GOL ยง5-703. But, if instead of an oral conversation those same parties engaged in an e-mail exchange, there very well may be such a question. A 2004 Kings County Supreme Court decision held that such an exchange may not violate the Statute of Frauds and could create a binding contract. A recent Queens
