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.