VIC Understand if mutual agreement in email are legal

[abhHP]

Dear All,

I have been pursuing my neighbor to replace the dividing fence between our properties and after many email exchanges, they have agreed to replace the fence. As they have financial problems, and are unable to pay their share, I have agreed to bear the cost of the fence replacement in full until they are in a position to repay.

I sent a simple contract over email for them to sign (basically highlighting that they pay their share within 6 months), however they have reverted and are saying that this is a mutual agreement and there is no need to draw up a formal legal agreement. As I am doing this in good faith (paying for the whole fence replacement cost upfront and the neighbors to pay in 6 months), I wanted to draw up that contract so that there are no disputes / surprises later.

I request your advice on this matter - Is it okay for me to proceed considering the neighbors have sent an email confirming that they agree to pay their share in 6 months time? If they do not pay eventually, can I initiate any legal proceedings based on their email.

 

[Rod]

can I initiate any legal proceedings based on their email.

Yes. The issues will be over whether the essential terms are clear.

 

[abhHP]

Thanks Rod: an excerpt from their response

We are doing this in good faith, with a mutual agreement as neighbours. There is no need to draw up a formal legal agreement.

This email is more than sufficient to confirm that we agree to proceed with replacing the fence as per quotation, with payment of our portion no later than 30 September 2023.

You are welcome to proceed now on the basis of this email. If this is not satisfactory, then you might prefer to wait until we have the cash before going ahead.

Please advise if the essential terms are clear.

 

[Rod]

Seem to be.

Note this an opinion based solely on your post and does not constitute legal advice, and does not take into account anything else that may have been said or done.

 

[abhHP]

Thanks again Rod