Legal Question in Business Law in California

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?


Asked on 5/01/14, 9:05 am

1 Answer from Attorneys

Frank Natoli Natoli-Legal, LLC

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

[email protected]

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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Answered on 5/01/14, 9:12 am


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