Contracts
Letter of Intent
North Carolina
Can a Letter of Intent be legally binding?
I am in the process of negotiating a business deal with another party, and we have exchanged a series of letters of intent outlining our intentions and basic terms of the agreement. However, I have heard conflicting opinions on whether a letter of intent is legally binding or merely a preliminary document. I want to understand the legal implications of these letters and whether they can be enforced in case of a breach by either party.
1 Attorney answer
Answer
Contracts
North Carolina
Jeff G.
ContractsCounsel verified
October 30, 2024
Yes, they can, depending on how they’re written. Generally speaking, a promise to enter into an agreement isn’t binding. But the problem with most Letters of Intent is that they can sometimes contain all of the essential elements of a contract: offer, consideration, demonstration of capacity, and contracting for something it’s legal to contract for. So how is a Letter of Intent NOT a contract? You have to remove one of the elements, usually the offer or consideration. It has to say that it’s not an offer, for example - that it’s a negotiation document. And 99/100, LoI’s don’t say that at all.
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