Don’t let a WhatsApp message become the deal
Deals are no longer negotiated only in meeting rooms, letters and carefully drafted emails. They are often discussed at speed by email, text and WhatsApp. That convenience brings risk: in the right circumstances, an informal message may have legal effect.
09.07.2026
Previously we have highlighted that WhatsApp messages can form contracts - see here. There are additional statutory requirements when transferring a legal or equitable interest in land; is it possible for an exchange over WhatsApp to satisfy those requirements?
In Hudson v Hathway [2022] EWCA Civ 1648, the Court of Appeal confirmed that an email can satisfy the statutory requirement for something to be “signed in writing” where the sender’s typed name, even in an email footer, shows an intention to authenticate the message.
The High Court has now considered whether the same principle could apply to WhatsApp messages in Reid-Roberts & Anor v Mei-Lin & Anor [2026] EWHC 49 (Ch). On the facts, the messages did not satisfy statutory requirements. However, the judgment is a useful warning that a WhatsApp message could, in principle, do so if it contains clear language and a typed name showing the necessary intention.
The practical message is simple: take care when negotiating. If discussions are not intended to be binding, say so clearly. Using “subject to contract” in emails, texts and WhatsApp messages helps make clear that negotiations remain conditional unless and until the parties formally agree otherwise.
Informal communication may feel casual, but the law may not always treat it that way.
