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Ambassador
3,986,960
Debbie Reynolds, C21 Platinum Properties
Platinum Properties- (931)771-9070 - Clarksville, TN
The Dedicated Clarksville TN Realtor-(931)320-6730

Text messages will hold up in court so I always watch what I put into them.

Nov 17, 2016 11:50 AM
Rainmaker
2,683,552
Richie Alan Naggar
people first...then business Ran Right Realty - Riverside, CA
agent & author

Anything can be argued for or agasint. The winner then makes it so. Texting is admissable but binding?

Nov 17, 2016 05:33 AM
Rainmaker
599,685
Lynnea Miller
Bend Premier Real Estate - Bend, OR
Premier Real Estate Service in Central Oregon

Not in Oregon. Text messages can be used to support receipt of information or verification of intent, but contracts need to be signed in order to be binding.  But e signature works just fine.

Nov 17, 2016 05:29 AM
Ambassador
3,386,180
Anna Banana Kruchten CRS, Phoenix Broker
HomeSmart Real Estate BR030809000 - Phoenix, AZ
602-380-4886

Is it in writing? Signed by all parties?   I'd be asking an attorney on this one.

Nov 17, 2016 12:51 PM
Rainmaker
938,105
Candice A. Donofrio
Next Wave RE Investments LLC Bullhead City AZ Commercial RE Broker - Fort Mohave, AZ
928-201-4BHC (4242) call/text

Yes. Electronic communications. I capture the entire transcript of text messages between me and a client and at close of escrow I put it in the file.

Nov 17, 2016 07:25 AM
Rainmaker
1,759,139
Lyn Sims
Schaumburg, IL
Real Estate Agent Retired

Not a contract but legal direction. Our contracts do not text. 

I print them as a record.

Nov 17, 2016 07:18 AM
Rainmaker
3,622,507
James Dray
Fathom Realty - Bentonville, AR
Exceptional Agents, Outstanding Results

It can except for real estate.  A text message can be used as evidence if it relates to a transaction it all depends on the intent.

Nov 17, 2016 06:13 AM
Rainmaker
4,298,416
Richard Weeks
Dallas, TX
REALTOR®, Broker

I don't personally know of any case law in Texas.

Nov 17, 2016 05:33 AM
Rainmaker
3,070,784
Tony and Suzanne Marriott, Associate Brokers
Serving the Greater Phoenix and Scottsdale Metropolitan Area - Scottsdale, AZ
Haven Express @ Keller Williams Arizona Realty

Candice A. Donofrio nailed this one!

Nov 17, 2016 07:51 PM
Rainmaker
1,683,406
Larry Johnston
Broker, Friends & Neighbors Real Estate and Elkhart County Subdivisions, LLC - Elkhart, IN
Broker,Friends & Neighbors Real Estate, Elkhart,IN

I don't know about Indiana, but I don't use text messaging for official Real Estate business.

Nov 17, 2016 12:12 PM
Rainmaker
2,008,227
Lise Howe
Keller Williams Capital Properties - Washington, DC
Assoc. Broker in DC, MD, VA and attorney in DC

I don't think so 

Nov 17, 2016 11:48 AM
Rainmaker
2,224,167
Debbie Laity
Cedaredge Land Company - Cedaredge, CO
Your Real Estate Resource for Delta County, CO

I don't know about a text message being a legal contract in Colorado. I'll have to find out about that.

Nov 17, 2016 10:47 AM
Rainmaker
589,922
Hella M. Rothwell, Broker/Realtor®
Carmel by the Sea, CA
Rothwell Realty Inc. CA#01968433 Carmel-by-the-Sea

We have to be so careful what we write or say, it could be an "implied" contract too.

Nov 17, 2016 07:29 AM
Ambassador
3,145,204
Kathleen Daniels, Probate & Trust Specialist
KD Realty - 408.972.1822 - San Jose, CA
Probate Real Estate

I just saw that article in Inman News Praful Thakkar - I am not a big fan of texting ... certainly not with matters relating to business other than ... please call me when you can ... or check your email I just sent you a message. 

Nov 17, 2016 06:41 AM
Rainmaker
1,708,235
Joe Pryor
The Virtual Real Estate Team - Oklahoma City, OK
REALTOR® - Oklahoma Investment Properties

No, but we are getting to the point where the commission is going to require all texts be saved to the transaction folder like emails are now.

Nov 17, 2016 06:05 AM
Rainmaker
4,244,027
Michael Jacobs
Pasadena, CA
Los Angeles Pasadena 818.516.4393

I have not  yet heard any discussion of this in our state and would defer to an attorney for legal advice.  

Nov 17, 2016 06:04 AM
Rainmaker
1,439,806
Raymond E. Camp
Ontario, NY
Licensed Real Estate Salesperson Greater Rochester

We have to print all emails and text messages and they are part of the contract.

Nov 17, 2016 05:28 AM
Ambassador
4,721,167
Jeff Dowler, CRS
eXp Realty of California, Inc. - Carlsbad, CA
The Southern California Relocation Dude

I'm not an attorney but I would not be surprised if a court would rule in that direction. Email can certainly be an issue as well I would think. Good question for an attorney.

Nov 17, 2016 05:13 AM
Rainmaker
5,767,371
Ron and Alexandra Seigel
Napa Consultants - Carpinteria, CA
Luxury Real Estate Branding, Marketing & Strategy

Praful,

I would ask an attorney in our state.  A

Nov 17, 2016 05:06 AM
Rainer
216,394
Sharon Altier, SFR
Lawton Realty Group, Inc. - Elmhurst, IL
Your Real Estate Partner

I would refer that question to an attorney. 

Nov 17, 2016 04:52 AM
Rainmaker
4,430,942
Nina Hollander, Broker
Coldwell Banker Realty - Charlotte, NC
Your Greater Charlotte Realtor

I have no idea... I don't conduct business like this via text. The most I will do is text someone that I've sent an offer or a counter-offer via email.

Nov 17, 2016 08:05 PM
Ambassador
5,696,016
Bob Crane
Woodland Management Service / Woodland Real Estate, EXP - Stevens Point, WI
Forestland Experts! 715-204-9671

Saw the inman headline that indicated this today.

Nov 17, 2016 02:26 PM
Rainmaker
1,525,355
Sybil Campbell
Fernandina Beach, FL
Referral Agent Amelia Island Florida

I don't know, that's a great question!

Nov 17, 2016 12:02 PM
Rainmaker
1,157,535
FN LN
Toronto, ON

This is a legal matter for which I would recommend that you seek legal advice from a qualified lawyer in my jurisdiction.

Nov 17, 2016 11:38 AM
Ambassador
3,724,077
Patricia Kennedy
RLAH Real Estate - Washington, DC
Home in the Capital

This is a lawyer question!

Nov 17, 2016 11:31 AM
Ambassador
2,604,443
Fred Griffin Florida Real Estate
Fred Griffin Real Estate - Tallahassee, FL
Licensed Florida Real Estate Broker

No.

Nov 17, 2016 10:39 AM
Rainmaker
3,986,000
William Feela
WHISPERING PINES REALTY - North Branch, MN
Realtor, Whispering Pines Realty 651-674-5999 No.

Yes, just as a fax and an E-mail is

Nov 17, 2016 09:59 AM
Rainmaker
4,275,984
Will Hamm
Hamm Homes - Aurora, CO
"Where There's a Will, There's a Way!"

I would say no, now you have me thinking about it.

 

Nov 17, 2016 09:39 AM
Rainmaker
1,466,027
Michael Setunsky
Woodbridge, VA
Your Commercial Real Estate Link to Northern VA

Praful Thakkar Not sure here in Virginia.

Nov 17, 2016 07:27 AM
Rainmaker
5,579,057
Barbara Todaro
RE/MAX Executive Realty - Happily Retired - Franklin, MA
Previously Affiliated with The Todaro Team

that's good information....

Nov 17, 2016 06:19 AM
Rainmaker
843,962
Olga Simoncelli
Veritas Prime, LLC dba Veritas Prime Real Estate - New Fairfield, CT
CONSULTANT, Real Estate Services & Risk Management

Not sure, but I know text messages can be used in court.

Nov 17, 2016 06:09 AM
Rainer
391,661
Anna Hatridge
R Gilliam Real Estate LLC - Farmington, MO
Missouri Realtor with R Gilliam Real Estate LLC

Text messages are trackable, however they cannot be used a legal contract in Missouri.  They are considered verbal agreements not written offers.

Nov 17, 2016 09:32 PM
Rainmaker
6,961,863
Roy Kelley
Retired - Gaithersburg, MD

Be careful with what you put in writing.

Nov 17, 2016 09:23 PM
Ambassador
4,509,199
Debe Maxwell, CRS
www.iCharlotteHomes.com | The Maxwell House Group | RE/MAX Executive | (704) 491-3310 - Charlotte, NC
The right Charlotte REALTOR!

Yes, it is in North Carolina, Praful.

Nov 17, 2016 06:30 AM
Rainmaker
1,424,650
Ryan Huggins - Thousand Oaks, CA
https://HugginsHomes.com - Thousand Oaks, CA
Residential Real Estate and Investment Properties

I believe they are here, but I still ask for it in email for the official record and won't do anything without that email.

Nov 18, 2016 11:52 AM
Ambassador
3,942,829
Paul S. Henderson, REALTOR®, CRS
Fathom Realty Washington LLC - Tacoma, WA
South Puget Sound Washington Agent/Broker!

Not without signatures...

Nov 18, 2016 04:16 AM
Rainmaker
1,549,295
Inna Ivchenko
Barcode Properties - Encino, CA
Realtor® • GRI • HAFA • PSC Calabasas CA

Not in CA, text messages can be only as a supplemental evidence. 

Nov 18, 2016 03:54 AM
Rainmaker
508,854
Susie Kay
Ultra Real Estate Dallas Fort Worth - Plano, TX
North Dallas Specialist

Not that I'm aware of. A contract will still need to be signed in Texas so text or email will not suffice.

Nov 18, 2016 02:55 AM
Ambassador
3,070,956
Tammy Lankford,
Lane Realty Eatonton, GA Lake Sinclair, Milledgeville, 706-485-9668 - Eatonton, GA
Broker GA Lake Sinclair/Eatonton/Milledgeville

It doesn't matter to me because it's now how I do business.   No way would I attempt to negotiate via text.  Put it on the form or the counter offer form. That's how we roll at my office.

Nov 18, 2016 01:50 AM
Rainer
45,907
Andy Madrid
Hawaii Coast Realty, LLC - Kailua-Kona, HI
Expertise, Professionalism, and Service

As far as I know..NO however I have clients that like to do everything by text so I when necessary I always confirm with an email which goes into the file.

Nov 18, 2016 01:35 AM
Rainmaker
4,799,651
Gabe Sanders
Real Estate of Florida specializing in Martin County Residential Homes, Condos and Land Sales - Stuart, FL
Stuart Florida Real Estate

I'm not sure, but I would guess that it could be.

Nov 17, 2016 11:56 PM
Rainmaker
4,433,809
Gita Bantwal
RE/MAX Centre Realtors - Warwick, PA
REALTOR,ABR,CRS,SRES,GRI - Bucks County & Philadel

Thank you.

Nov 17, 2016 11:33 PM
Rainmaker
940,823
Jennifer Mackay
Counts Real Estate Group, Inc. - Panama City, FL
Your Bay County Florida Realtor 850.774.6582

I believe so (at least I see it on Judge Judy LOL) but I'm not an attorney

Nov 17, 2016 10:39 PM
Rainmaker
4,507,359
Wayne Martin
Wayne M Martin - Chicago, IL
Real Estate Broker - Retired

Not sure, but think in certain situations it may bind you!

Nov 17, 2016 10:24 PM
Rainmaker
1,667,126
Sandy Padula and Norm Padula, JD, GRI
HomeSmart Realty West - Carlsbad, CA
Presence, Persistence & Perseverance

Nyet in Florida, but in Cali; it might depending on which way the wind is blowing if the 9th Circuit gets the question

Nov 17, 2016 10:12 PM