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Trinity Homes, LLC v. Fang

Virginia Circuit Court

63 Va. Cir. 409 (2003)

Relevant factsFree

Trinity's agent Stewart allegedly faxed acceptance of the Fangs' (defendants) real-estate offer to their agent Nicholson, but the fax machine generated no confirmation, and Nicholson called shortly after to withdraw the offer; Trinity and Seabring (plaintiffs) sued claiming a valid contract existed.

IssueFree

Whether, if acceptance of an offer is made by an electronic communication that is not a substantially instantaneous, two-way communication, the acceptance will continue to be governed by the mailbox rule.

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