Federa: Listing agreements

Why don't I have to sign a listing agreement?

Click-to-accept agreements, also known as clickwrap or browsewrap agreements, are legally binding contracts in many countries, including the United States. This means that by clicking a button or checking a box to indicate your acceptance of the terms and conditions of a website or online service, you are entering into a legally enforceable agreement with the owner or operator of that site.

There are a few reasons why click-to-accept agreements are considered legally binding. One is that they typically include language that clearly states that by clicking the acceptance button, you are agreeing to be bound by the terms of the contract. This is known as a manifestation of assent, and it is an essential element of any legally binding contract.

Another reason is that, in many cases, the terms and conditions of a click-to-accept agreement are presented to the user in a way that requires them to take some action in order to access the website or service. This is known as a bargained-for exchange, and it is another key element of a legally binding contract.

Additionally, courts in many jurisdictions have recognized that click-to-accept agreements can be enforceable because they provide evidence of the user's acceptance of the terms and conditions. This is especially true in cases where the agreement includes language stating that the user's acceptance will be recorded, or where the user is required to enter their name or other identifying information before they can click the acceptance button.