This Is Not a Signature: 👍

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There’s a new case out of British Columbia that raised a fun legal question:

Can a thumbs-up emoji be considered a signature for a real estate offer?

Let’s break it down.

In Ross v. Garvey (2025 BCSC 705), a buyer — who was also a licensed Realtor — tried to enforce what he believed was a valid contract to buy a residential property from two self-representing sellers.

Here’s a summary of the facts:

The buyer submitted a formal, signed offer. The sellers rejected it.

A few days later, the sellers sent back a revised version — clearly labeled as a “counter offer” — using the standard APS form, with all the usual markup-style changes.

It looked like a textbook signback, except for one thing...

The sellers never signed it. No initials, no signatures.

Still, the buyer replied by email, accepted the counter offer, and signed it himself.

He acknowledged the missing signatures, but chalked it up to the sellers being self-represented and not fully versed in the process.

Then came the text exchange:

Buyer: “I’ve sent you an accepted offer on the email thread. Let me know if there’s any questions.”

Seller: 👍

Of course, things fell apart from there and ended up in court — where the judge had to answer two (2) main questions:

1. Was there a valid contract
2. If so, was it enforceable?

Here’s where it gets interesting.

✅ Yes, the contract was valid.

The court said yes, technically, this is a contract.

There was an offer (the counteroffer), acceptance (the buyer’s signed response), consideration (money for property) and mutual understanding of the essential terms.

Even though it wasn’t signed by the seller, the judge ruled that a contract had been formed.

Remember: in contract law theory, verbal or informal agreements can still count.

But…

❌ No, the contract wasn’t enforceable.

Why not?

Because British Columbia — like Ontario — has legislation that says contracts for the sale of land must be in writing and signed.

In BC, it’s section 59(3) of the Law and Equity Act.
In Ontario, it’s section 4 of the Statute of Frauds.

And in both provinces, no signature = no enforcement.

The buyer argued that the seller’s emoji — 👍 — was effectively a signature.

The court disagreed.

Even though Saskatchewan courts have recently accepted a thumbs-up as a valid signature in a grain contract, this BC judge wasn’t buying it in a real estate context.

So:
Valid contract? Yes.
Enforceable contract? Nope.

What Ontario Realtors Should Know

This case might be from BC, but it fits cleanly into Ontario law.

Our Statute of Frauds has the same requirement: real estate contracts must be in writing and signed to be enforceable.

And let’s be honest — most of you already know that.

What I like about this case is how clearly it draws the line between a contract that’s valid and one that’s enforceable.

It’s a technical distinction, sure — but also a practical one. An agreement can check all the boxes in theory, but as a real estate deal, it can fall apart because of the paperwork.

That’s where your work really matters. Drafting, countering, finalizing — making sure the deal is papered correctly.

At the very least, this case is a solid endorsement for why people should hire a Realtor.