Q:  I have exchanged several emails with another party about buying his house.  They set forth the basic terms, to which he agreed.  Now he is stalling as I think he may have someone who will pay more.  Can I enforce the agreement?  K.L., Lomita 

A:  Real estate transactions typically require a writing signed by at least the party to be charged, if there is going to be a real chance of an enforceable agreement. The statute of frauds otherwise can defeat an argument that a contract has arisen. Today, with the prevalence of email exchanges, there is a growing approval of upholding contracts formed by email. In one instance, a Court found a series of emails between bank representatives and a hospital showed an agreement for the sale of medical equipment.  The bank sued the hospital contending it had to sell the items at auction, when the hospital had already contracted to purchase them at a higher price.  Proof of the hospital’s agreement was found, in part, based on its own internal communications. In another matter, transfer of land was upheld on the basis of a binding agreement through an email (typed) signature signaling approval.  Bottom line:  Emails can form biding obligations in some instances. Under the law, a contract consists of an offer, an acceptance, and consideration (ie, a bargained for exchange). When those elements can be found, through emails, a contract likewise may be upheld.

Q:  Are my emails at work private?  M.S., El Segundo

A:  Don’t count on it. There is a basic notion that employees consent to their emails being part of their work.  The consent can be express (written), since you may have signed that you agree to company policy about it, or implied from the circumstances. Your employer likely owns the computers you work at. The employer is paying you to work. Issues can be raised of unreasonable intrusion into the worker’s privacy, or violation of law that prevents interception of communications, but research suggests in the main that you cannot reasonably expect what you do on the computer at work to be off limits to your employer.

Q:  Can I communicate by email with my attorney without losing the confidential nature of what is being said?  P.R., San Pedro

A:  The attorney-client privilege is “inviolate”; that is a strong principle in law. The Courts wants to protect the free flow of information between a client and his or her lawyer. Thus, protection of the confidential nature of the communications is carefully guarded. But, if you copy someone on the email who is unrelated to your case, or you make the email available to one or more others in such manner that you have opened up the details to persons who are not part of the legal team or effort, you run the risk of waiving the privilege. In sum, keep the emails between you and your lawyer, or you, the lawyer, and those actually working with you and/or the lawyer on the file.  It also is advisable to type, in the subject line of the email, PRIVILEGED COMMUNICATION.

Ron Sokol is a Manhattan Beach attorney with more than 30 years of experience. His column appears on Wednesdays. Email questions and comments to him at RonSesq@aol.com or write to him at Ask The Lawyer, Daily Breeze, 21250 Hawthorne Blvd., Suite 170, Torrance, CA 90503. This column is a summary of the law and not a substitute for legal consultation on any particular case.