In Ross v Garvey, the co-owner brothers Matthew and Kyle Garvey listed their property for sale and negotiated directly with Daniel Ross, a realtor and developer. After rejecting Ross’s initial offer, Kyle emailed a ‘counter-offer’ from the brothers’ shared email account, attaching an amended version of the standard-form contract but without any signatures. Ross immediately accepted by email, signed the documents electronically, and Kyle responded with a thumbs-up emoji in a text message. The next day, Matthew intervened, stating he had neither reviewed nor approved the documents and that nothing had been signed. The Garveys later sold the property to third parties. Ross brought a legal action against the Garveys, arguing that the emailed counteroffer and the thumbs-up emoji via text message formed a binding contract.
