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Oral, Email, and Electronically Signed Contracts

·

By

ACL


The short answer

Many oral and email agreements are enforceable. Some contracts must be in a signed writing, and e-signatures generally count. The harder question is often proof of the terms and of who agreed.

Where it fits in your case

In disputes over whether a deal was made without a formal signed contract.

What to expect

  • Writing required. Illinois’s Frauds Act covers contracts that cannot be performed within a year, guarantees of another’s debt, and real estate sales; the UCC requires a writing for goods sales of $500 or more.

  • Emails can satisfy a writing requirement if they show the key terms and are signed or attributable.

  • E-signatures generally have legal effect, but you may need to prove who signed.

  • Conditions. Words like “subject to approval” can mean no contract until approval.

What we need from you

Every email, text, draft, and signed version, plus any audit trail from the signing platform.

Common misconceptions

  • “Oral contracts aren’t real contracts.” Most are enforceable; proof is the challenge.

  • “Everyone must sign.” Conduct can show agreement even without every signature.

This resource provides general information about Illinois and federal law, not legal advice about your situation. Reading it does not create an attorney-client relationship. The right answer often depends on the specific facts, contract language, policy wording, and deadlines involved.

ALLISONCHOLAW / BUSINESS LITIGATION & COUNSEL

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