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Is a contract enforceable?

We have a contract dumpster service we have used for years. Recently, a sales person contacted my wife to renew the contract and they sent her a web link to confirm renewal. I found out later that the contract renewed for 5 years and they sent me a copy of the contract with my supposed signature on the document (electronic). The same rep then sent me and email claiming my wife signed by clicking the link. I attempted to cancel because they are not keeping the dumpster in good repair and I would never have agreed to a 5 year contract if I had seen it. No one from their establishment signed and fully executed the contract either. Is it enforceable?

1 reply

Apr 3, 2020

Electronic signatures are generally perfectly valid to create a binding and enforceable agreement in Texas. So, a signature being made electronically, in and of itself, won't invalidate the contract. With that being said, that doesn't mean some other issue isn't present. It's possible that the terms of the contract, the way the contract was renewed, etc. could create some issue and ultimately cause the contract to be unenforceable. Namely, there could be an issue with the renewal if the party who authorized the renewal wasn't a party to the original agreement. But, for ultimate clarity, it'd be wise to consult with a local Texas construction attorney and have them review the circumstances as well as the terms of the agreement. After doing that, they'd be able to provide you specifics on the enforceability of the contract.

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