If a buyer has written acceptance in an email, what must be true for it to be enforceable?

The enforceability of a buyer's written acceptance in an email hinges upon the legal standards that govern contract formation, particularly in real estate transactions. While a signature from the seller, a deposit, and explicit terms can enhance the enforceability of a contract, the most critical aspect revolves around mutual assent between the parties involved.

In this context, the accepted practice is that a written acceptance, such as an email, constitutes a binding agreement as long as it reflects an understanding of the essential terms of the deal. The necessity for a deposit to be made is rooted in the principle of consideration, which is a fundamental element of a contract. Consideration can take many forms, and in real estate transactions, it is not uncommon for a good faith deposit to serve as a demonstration of the buyer's commitment to the terms offered.

If the buyer's email clearly accepts the terms proposed by the seller, and if there is an indication, such as a deposit, that the buyer intends to follow through on the contract, then those factors can enhance the enforceability of the agreement. Thus, while an explicit inclusion of all terms in the email would be ideal, the presence of a genuine intent to be bound, demonstrated by a deposit, would be sufficient to support the enforceability