I signed a 4 year contract with a company that stated all amendments must be in writing and signed by by the two parties. After 2 years, the company notified me over the phone that they are going to amend the financial portion. I informally ( and verbally) agreed, and they sent me an email confirmation. I have never received the written amendment nor signed anything. Is this enforceable?
Answer
It will depend on the precise language of the original agreement. In many instances an email can and will be considered a "writing" and can certainly be used to show assent to a contract modification (see federal eSign Act). But if the contract requires a physical signature from both parties this may not suffice.
You will require a legal consult on this to get an exact answer. If you would like to discuss further over a free phone consult, feel free to contact me anytime that is convenient.
Kind regards,
Frank
www.LanternLegal.com
866-871-8655
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DISCLAIMER: this is not intended to be specific legal advice and should not be relied upon as such. No attorney-client relationship is formed on the basis of this posting.
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