Can a Thumbs-Up Emoji Form Binding Sales Contract?

At least, in Canada, yes. Technology and Marketing Law Blog has the details:

This is the instant-classic lawsuit involving a Saskatchewan farmer who text-messaged a “thumbs-up” emoji in response to an offer to buy his flax. The lower court found that the seller’s thumbs-up emoji constituted assent to the buyer’s offer and awarded the buyer $82k (Canadian) in damages. On appeal, the Saskatchewan Court of Appeals affirmed the decision on a 2-1 vote.

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The seller argued that he had used the thumbs-up emoji to acknowledge receipt of the buyer’s text, not to assent to it. The majority says that is theoretically possible...Nevertheless, the majority says that the seller chose this particular emoji in this particular context...As a result, the emoji functioned as a signature...

The blogger, Prof. Eric Goldman, suggests that the outcome would have been the same in the United States:

While Canadian law resembles US law about electronic signatures, the emoji-as-signature issue may have been an easier call in the US courts. I think that the E-Sign and UETA laws in the US make it entirely clear that the emoji usage in this context would satisfy their requirements as a signature.

Schuyler County officials want landowners to know their rights when eying cash offers

© Copyright 2021, WSKG:

The housing market in Schuyler County is hot. County clerk Theresa Philbin has seen a significant increase in deeds filed with her office this year, as well as a jump in property values.

“People are paying well over the assessed value for their homes at this point, and sales are happening in a matter of days,” Philbin said. “Houses go on the market and they’re sold within days.”

The county clerk said she gets why people would want to move to or vacation in Schuyler County—it’s in the Finger Lakes, near state parks and a national forest.

Land investment firms are interested in the area for all the same reasons. Many of these companies pay cash for land in mostly rural places.

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Schuyler County attorney Steven Getman is worried residents could be taken advantage of. The purchase does not include a space to be notarized, which would make it challenging to prove the signatures of either party in the event of litigation.

“Many of these buyers are basically throwing out nets to see if they can find an owner who doesn’t understand the real value of their property, or an owner that wants to sell quickly at almost any cost,” Getman said.

He added that cash offers for land are typically 15% to 25% under the assessed value, which could cost landowners thousands.

Terms of the agreement also require the landowner to clear all liens before selling. Getman said that may put people already strapped for cash into debt.

While unsolicited offers like this are legal, Getman warned they shouldn’t be signed without consulting a lawyer.

“The goal here is to understand your rights,” he said. “Talk to an attorney before you sign anything.”

Schuyler County Officials Warn: Be aware of unsolicited property offers. “Know your rights before you sign.”

Schuyler County Clerk Theresa Philbin and County Attorney Steven Getman are warning property owners to be aware of unsolicited offers to buy land in Schuyler County, often at a deep discount from the actual value.

“Reports have surfaced this month of a company soliciting property owners in the area offering to buy vacant land for cash,” Philbin said. “The offers include a Purchase and Sale Agreement, asking the owner to sign and send back within a short period of time. The quick cash offer they make is always below the assessed value, and sometimes by as much as 15 to 25 percent. That could cost you thousands of dollars, depending the price and your property’s actual value.”

“Many of these buyers are, basically, throwing out nets to see if they can find an owner who doesn't understand the real value of their property or an owner that wants to sell quickly at (almost) any cost. They may be senior citizens, facing a personal situation that is forcing them to consider selling their real estate. These buyers are often hoping to find sellers willing to sell at 85% or less of the true market value.”

While the offer may be perfectly legal, signing and sending back the agreement, Getman pointed out, would create a binding contract. That contract, Getman said, may obligate the owners to conditions or expenses they did not understand before signing.

“For example, the offer may state the buyer will pay all closing costs, but also require the seller to clear up any liens or encumbrances on the property at the seller’s own expense before the sale,” Getman explained. “That could include mortgages, property taxes or even electric, water and sewer bills. If the sale price does not cover those expenses, the sellers could be left paying out more than they are getting for the property.”

Therefore, property owners should review any documents very carefully and consult an experienced attorney before signing any type of agreement, Getman said.

Philbin and Getman offered several tips to property owners who receive unsolicited offers to buy their land:

• Never sign anything until you are sure you want to move forward.
• Have your own attorney review the document before your sign them. If you do not have an attorney, the New York State Bar Association may be able to refer you to an appropriate attorney via the NYSBA Lawyer Referral and Information Service: https://www.findalawyernys.org.
• Check out the would-be buyer online. If someone is legitimately interested in buying your home, you should be able to retrieve information about them. Look for any red flags such as bad reviews or lawsuits.
• Ask for references. If the buyer will not offer any, something is wrong. If their references are sketchy and cannot be verified, you need to rethink doing business with that person.
• Find out the fair market value of your home before you agree to a price.
• Consider bringing in a real estate professional to represent you and give you a fair opinion of your land’s value. If the buyer is legitimate they should be willing to discuss terms with your agent.
• If selling your property seems like a good idea, do not jump at the first offer made (especially if it represents just a small fraction of the land’s worth).

Finally, if you receive anything in the mail about your property that seems questionable, Philbin and Getman said that you can contact the County Clerk or, in the event of possible criminal activity, local law enforcement.

“Keep in mind that this is often totally legitimate,” Getman said. “The goal here is to understand what you may sacrifice for convenience.”

“Know your rights before you sign,” Philbin said.

The Schuyler County Clerk is responsible for all books, files and other necessary equipment for the filing, recording and depositing of deeds, maps, papers in actions and special proceedings of both civil and criminal nature, judgment and lien dockets and books for the indexing of the same as directed or authorized by law.

The Schuyler County Attorney is the legal advisor for county government and its various officials. The County Attorney prosecutes and defends civil actions on behalf of the county and county employees acting pursuant to their official duties.