Can a Text Message Be Considered a Legal Contract in California?

In California, a text message can be considered a legally binding contract if it meets certain legal requirements.

If you believe there has been a breach of contract issue via text, contact our Orange County breach of contract attorneys to schedule your free consultation today.

What Makes a Contract Legally Binding in California?

To form a valid contract in California—whether in person, on paper, or via text—you need these four essential elements:

1. Offer: One party proposes specific terms.
2. Acceptance: The other party agrees to those terms.
3. Consideration: Both sides exchange something of value (such as labor for pay).
4. Mutual Intent to Be Bound: Both parties clearly intend to create a binding agreement.

If these elements exist in a text message exchange, then the messages may qualify as a legally enforceable contract under California law.

How Text Messages Can Form a Contract in California

Text messages that clearly outline agreed-upon terms—such as pay, work hours, start dates, or job responsibilities—can demonstrate a binding agreement. For example:

• An employer texts: “We’re offering you the project manager position at $90,000. Start date is June 1.”
• The employee replies: “Agreed. I accept the offer and will start on June 1.”

This exchange may create a legally binding employment contract. Even informal language, such as “Sounds good” or “Deal,” can signal agreement, depending on the context. Courts will look at the entire conversation, not just isolated messages, to determine whether both parties agreed to the essential terms.

When a Text Message Is Not Enough

Not every text message will create a valid contract. Vague, incomplete, or unclear messages typically do not meet legal standards. For example:

• “We’ll talk about your raise soon.”
• “Maybe we can make that title change next quarter.”

Also, some types of contracts must be in writing under California’s Statute of Frauds, including:

• Agreements that cannot be completed within one year
• Certain commission-based sales agreements
• Contracts involving real estate

In these cases, text messages alone may not be sufficient.

Tips to Protect Yourself When Communicating by Text

Here are some best practices to protect yourself:

• Save Everything: Take screenshots of important conversations. Make sure to include timestamps and full message threads.
• Ask for Confirmation: If an employer makes a verbal promise, follow up with a text: “Thanks for the update. Just confirming that you’re increasing my pay to $30/hour starting Monday.”
• Be Clear in Your Responses: Avoid vague replies like “Cool” or “OK.” Instead, use language like “I accept the offer” or “Agreed to the new start date.”
• Avoid Mixing Business and Personal Conversations: Keeping job-related texts in a separate thread can help if you need to present them as evidence later.

Taking these steps can help make it easier to prove the existence of a contract if a dispute arises.

What to Do If Your Employer Denies a Text Message Agreement in California

If your employer goes back on a promise made via text and claims no agreement existed, try not to panic. You still have options. First, gather all related communications. Save the full text conversation, including dates, context, and any responses you made based on the promise. Next, create a written summary of the events. Include the timeline, what was promised, and how you responded. This will help your attorney or state agency understand the full picture. You can also follow up with your employer in writing. For example:

“I wanted to confirm our previous text conversation where you offered me the (position/pay/promotion), which I accepted. Please let me know if anything has changed.” 

This puts your concerns on record and may prompt the employer to clarify or backtrack—both of which may support your case. If the employer continues to deny the agreement, consult an Orange County employment lawyer immediately. A lawyer can assess whether your text exchange forms a legally binding contract and help you pursue compensation or corrective action. Contact us today.