📱 BIC Tip #1070: Think Before You Text

We’ve all done it — sent a quick text to keep a deal moving.
“Seller agreed to repair.”
“Buyer’s fine with the new price.”
“Go ahead and accept the offer.”

Sounds harmless, right?
Wrong.

Those short, casual texts can carry big legal weight — and in some cases, they can even create a binding contract.

⚖️ When Texts Become Trouble

Under North Carolina law, written communications that show agreement on material terms — like price, property, and parties — can satisfy the Statute of Frauds, which requires certain contracts to be in writing.

That means a text message between brokers could be interpreted as forming a contract if it includes the right (or wrong) words.

There’s even a well-known case — St. John’s Holdings, LLC v. Two Electronics, LLC — where a Massachusetts court held that a text message exchange was enough to create a binding real estate contract.
One “sure, looks good — let’s move forward” turned into a lawsuit.

So if it can happen there, it can happen here.

💬 Texts = Evidence

Beyond contract issues, texts also serve as discoverable evidence.
Once you hit “send,” that message is permanent. It can be screenshotted, subpoenaed, or shown to the NCREC.

What feels like a quick back-and-forth can become Exhibit A in a dispute or complaint.

✅ Best Practices for Brokers

1️⃣ Keep business in writing — officially.
Use email or your firm’s approved forms for anything deal-related.

2️⃣ Use texts for logistics only.
“I’m on my way.” or “Lockbox code confirmed.” = fine.
“Seller agrees to add repairs.” = not fine.

3️⃣ Save what matters.
If a client sends an important text, screenshot it and upload it to your transaction file.

🚨 The BIC Takeaway

Your thumbs shouldn’t be writing contracts.
In this industry, professionalism means precision — and every word counts.

Text smart. Stay compliant. Protect your license.

#NotoriousBIC #BICTip #NCREC #RealEstateCompliance #TextSmart #NCRealEstate