The Fake Paper Trail: Why Your Emails Don’t Say What You Think They Do

You have emails. Screenshots. Maybe even a text message. You’re certain there was an agreement. But when it’s time to enforce the deal, the other side says: “We never had a contract.”

Here’s the hard truth: Courts don’t care how many emails you have if those messages don’t meet the legal definition of a contract.

Why Emails Alone Can Be Dangerous

1. No Clear Offer or Acceptance: A casual “Sounds good” or “We’ll discuss” isn’t a legally binding acceptance.
2. Missing Material Terms: Without agreement on price, timeline, scope, or payment terms, the exchange is often too vague to enforce.
3. Too Informal: Jokes, emojis, or unclear intentions make it easy for the other party to argue there was no real agreement.

When Email Agreements Can Be Enforced

• The emails clearly state the essential terms (who, what, when, how much)
• There’s evidence of intent to be bound (e.g., “Please confirm this forms our agreement”)
• Performance began in reliance on the exchange

Even then, you’ll need to prove the communications meet the standards of a contract under New York or New Jersey law.

How to Protect Yourself

• Follow up with a formal contract after any deal is discussed by email
• Summarize and confirm: “To confirm, you agree to…”
• Include a signature line or statement of intent

Most disputes we see at JDE Law Firm, PLLC started with email-based deals. We know how to enforce valid agreements—and when to walk away from weak ones.

📞 NY: 718-966-0877 | NJ: 732-490-7120

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