SmartCheck
Certifying an agreement made by email
What was agreed in an email thread exists. Whether it can be proven a year later is another matter.
A considerable share of real agreements is closed in an email thread: a price, a deadline, a special condition. That counts, but the evidence lives in two private mailboxes and degrades over time — messages get deleted, systems change, people leave.
What to do when the agreement matters
- 1
Summarise it in a closing message
"To confirm: we agreed X, with deadline Y and condition Z." One paragraph, unambiguous.
- 2
Ask for explicit confirmation
A clear "agreed"; silence is not acceptance in most cases.
- 3
Keep it in that relationship's file
With the full thread, not just your summary.
- 4
And certify it if the amount or risk justifies it
It fixes that the content existed on that date and has not changed.
Important
The first step is worth more than the other three together. Most later disputes are not about whether there was an agreement, but about exactly what was agreed — and a confirmed closing summary removes that argument entirely.
What a certified email proves and does not
| It proves | It does not prove |
|---|---|
| That the content existed on that date | That the other party read it |
| That it has not changed since | That the writer had authority to bind |
| That it was in your possession | That the agreement is valid if the law requires another form |
Watch out
The second row on the right matters with companies: whoever negotiates by email cannot always commit their company. For significant agreements, have someone who can sign do so, and that is no longer an email: it is a signature.
When it is worth moving to signature
In those four cases, a signature request costs the same as the time spent writing the closing email and leaves far stronger evidence: identity, moment and exact content accepted.
Worth knowing
None of this invalidates email. A well-kept thread, with a confirmed and certified summary, is reasonable evidence for the vast majority of commercial relationships; moving to signature is for when something important is at stake.
›Does a text message count?
As an indication yes; with the same limits as email, and easier to lose.
›Must the whole thread be certified?
The closing message and confirmation suffice, keeping the whole thread.
›What if the other side denies it?
That is where a provable date and unaltered content do their work.
A real case
The situation
Two companies agree a volume discount across a twenty-email thread.
What you do
- Write a closing message and ask for confirmation
- Keep it certified in the client's file
What you get
A year later, with a different contact, the agreement is not disputed.
The situation
An agreement closes in an email thread and nobody seals it.
What you do
- Seals the thread when it closes
What you get
What was agreed is provable a year later.
The situation
The thread keeps growing after the agreement.
What you do
- Seals the exact point of agreement
What you get
The seal points at the agreement, not the whole conversation.
The situation
A single email is sealed without context.
What you do
- Seals the complete thread
What you get
The proof is understood without explanation.
The situation
Each party keeps their own version of the thread.
What you do
- They share the seal reference
What you get
Both parties refer to the same thing.
The situation
A contract is signed and the earlier thread is discarded.
What you do
- Keeps the thread that explains what was agreed
What you get
The context outlives the contract.
This article answers
- evidential value of an email
- certifying an agreement by email
- does email count as a contract
- proving what was agreed in writing