Why You Should Never Accept a Contract via WhatsApp

/

A Message Could Cost You Thousands — or Lock You Into a Contract You Never Meant to Sign

In today’s fast-moving property market, it’s tempting to fire off a quick “looks good” or “we’re happy to proceed” via WhatsApp, SMS, or email.

But in Victoria, even informal messages can be used to prove contractual acceptance — and that means you could be bound to buy or sell property without ever signing a document.

As David Dawn, Licensed Conveyancer at Victorian Property Settlements explains:
“We’ve seen screenshots, chat transcripts and forwarded emails used in disputes over whether a deal was finalised. Once there’s evidence of offer and acceptance — even by text — you may already be committed.”

Let’s break down why this is a dangerous trap for both buyers and sellers.

How a Contract Is Formed Under Victorian Law

Under Victorian contract law, a binding agreement is formed when:

  1. One party makes a clear offer

  2. The other party gives unqualified acceptance

  3. There is consideration (i.e. payment or promise of payment)

  4. There is intent to create legal relations

While the Transfer of Land Act 1958 (Vic) requires that property sales be in writing, the issue isn’t whether you’ve signed a paper copy — it’s whether you’ve agreed to the terms.

So if an agent texts you a contract PDF and you respond, “Looks good. We’ll go ahead,” a court may find you’ve accepted.

Real Examples We’ve Seen:

  • A vendor replied “OK” in response to an agent’s message about a buyer offer — later, they tried to back out. The agent claimed the deal was done.

  • A buyer typed “I’ll take it at $1.1M” during a WhatsApp negotiation. The vendor accepted and the agent sent the contract. The buyer then changed their mind — but the vendor demanded the 10% deposit.

  • A screenshot of a Messenger conversation was used to support a claim of verbal agreement when the formal contract fell through.

In each case, a simple message had significant consequences.

The Problem With Screenshots and Messaging Apps

Messaging platforms like WhatsApp and Messenger:

  • Don’t confirm identity

  • Can be misquoted, deleted or edited

  • May lack full context

  • Are informal — but that doesn’t stop people from using them to claim an agreement was made

And most agents are not legal practitioners. They may not understand the risks of what they’re asking you to confirm via message.

Why This Matters for Buyers

If you're a purchaser:

  • Never write “we accept” or “we’re happy with this” by text or email unless you intend to be bound.

  • Always make your response subject to contract or subject to legal review.

  • Request that all formal acceptances go through your conveyancer — especially for auction offers or pre-auction negotiations.

Why This Matters for Vendors

If you're selling:

  • Avoid confirming anything in writing unless you’ve received legal advice.

  • Don’t let your agent accept an offer or send you a contract via WhatsApp and tell you to simply reply “yes”.

  • Remember — once you agree, it may be too late to change your mind, even if the deposit hasn't been paid yet.

Our Recommendation: Always Accept Formally — Never Casually

At Victorian Property Settlements, we advise clients never to accept or acknowledge offers via message. Always wait for:

  • A formal signed contract

  • Confirmation that conditions are met

  • Review of terms by your conveyancer

And most importantly: don’t let your emotions or convenience override the legal risks.

Conclusion

In a world of instant messaging, it’s easy to assume nothing is binding until the contract is signed.

But in Victoria, a casual message could be enough to trigger legal action.

So next time an agent says, “Just reply to this and we’ll lock it in,” remember:

You wouldn’t buy a house over WhatsApp — so don’t accept one there either.