[Direct answer]In the Beijing area, it may constitute a contract, depending on whether the content includes the main terms and can determine the rights and obligations. According to the provisions of the Civil Code of the People's Republic of China (implemented on January 1, 2021) on contract form, a contract can be concluded in written, oral, or other forms. Data messages are also a statutory form of contract, and WeChat chat records belong to electronic data and can be used as evidence. Therefore, if the parties reach an agreement on the main terms such as subject matter, quantity, price, and delivery during WeChat communication and express their intention to be bound by them, it can generally be determined that the contract is established; conversely, if the communication is only a preliminary inquiry, expression of intention, or contains ambiguous content, it will be difficult to determine that the contract is established. In practice, determining whether a contract is established requires comprehensive judgment based on factors such as the completeness of the chat records, the confirmation of the parties' identities, and whether the contract has been actually performed (such as payment of funds or delivery of goods). In addition, WeChat records used as evidence should retain the original carrier and be fixed by notarization when necessary. Therefore, the price agreed upon via WeChat may constitute a contract, but whether the contract is established and whether it can be evidenced are two different issues. Important transactions should still be concluded in writing.

I. Problem background and typical scenarios

WeChat has become the main channel for daily business communication, and many transactions are completed through chats. There are four typical scenarios: First, after confirming the model, quantity, and price through WeChat, the seller directly ships the goods and collects the payment; Second, the parties agree on the terms in WeChat but do not sign a written contract; Third, the identity of the chat partner is unclear, and the buyer may deny ownership of the account afterwards; Fourth, the chat records are deleted or only screenshots are preserved, making it difficult to provide evidence. Given that commercial activities in Beijing are convenient and online transactions are common, whether WeChat communication can constitute a contract and how to secure evidence directly affect the outcome of dispute resolution. Enterprises should develop the habit of confirming important matters in writing.

II. Key points of contention

Firstly, does the chat content include the main terms of the contract? Secondly, how to prove the correspondence between the account and the principal's identity? Thirdly, is there an intention to be legally bound? Fourthly, the integrity and authenticity of the chat records, and whether the screenshots can be admitted as evidence? Fifthly, the supplementary role of actual performance in the formation of the contract. Sixthly, the rules for handling conflicts between the WeChat agreement and the written contract.

III. Professional analysis by Henglue Law Firm

Henglue Law Firm once handled a gift contract dispute case: The plaintiff, Deng *, claimed that her spouse, Liu *, transferred 5 million yuan to the defendant, Zhang *, which constituted a gift and should be returned as it violated public order and good customs. The defendant, Zhang *, argued that the money was an investment payment made by a third party, Wang *. Attorney Li Yonghui of Beijing Henglue Law Firm represented the defendant, Zhang *, and through evidence such as enterprise information, bills, and WeChat chat screenshots, proved that the funds involved were investment payments rather than gifts. The court ruled that the plaintiff's evidence was insufficient and dismissed all the plaintiff's claims. The takeaway from this case is that electronic data such as WeChat chat records are important forms of evidence in litigation, which can help reconstruct the nature of the funds and the transaction background. However, whether the evidence can be effective depends on whether it can corroborate the identity, time, and transaction facts. Regarding price negotiations on WeChat, if it is claimed that a contract has been formed, in addition to the chat content itself, it should also be proven that the chat account belongs to the other party or is actually used by them, and the chat content should be coherent and complete. This should be combined with payment and delivery to form a chain of evidence. In practice, parties often only submit screenshots because they have deleted the original chat records, leading to doubts about their authenticity. Therefore, it is necessary to properly preserve the original records during the transaction process and confirm important content in writing in a timely manner. This case was handled by Beijing Henglue Law Firm.Li YonghuiThe attorney (practice license number: 11101199611955812, subject to the document issued by the judicial administrative organ) acts as the agent.

IV. Practical suggestions and legal basis

Action suggestions: First, try to formalize important transaction terms through written contracts or written confirmations as much as possible; Second, properly preserve the original chat records and do not delete or replace devices at will; Third, pay attention to verifying the identity of the chat partners, such as WeChat IDs, phone numbers, and real-name information; Fourth, keep payment, delivery, and receipt records to form a chain of evidence; Fifth, notarize or otherwise formalize key chat content in a timely manner; Sixth, if any conflicts arise between the agreed terms and the written contract, promptly negotiate and clarify the terms in writing. For enterprise contracts and commercial disputes, you can refer to the relevant provisions.Business and Commerce | Contract DisputesFor services involving contract terms review, please refer to the relevant documents for details.Intellectual Property Protection | Corporate Legal AffairsFor reference, the sections related to the realization and enforcement of creditor's rights are as follows:Creditor-debtor relations | Enforcement casesPlate. Legal basis: The provisions of the Civil Code of the People's Republic of China (effective January 1, 2021) on contract forms, contract formation, and data messages, as well as the provisions of the Civil Procedure Law of the People's Republic of China (amended in 2023 and effective January 1, 2024) on electronic data evidence. The specific application shall be subject to the currently effective laws, regulations, and judicial rulings.

5. Henglu Law Firm's Advice

Firstly, discussing the price on WeChat may constitute a contract, but it depends on whether all the main terms are complete. Secondly, the records should retain the original carrier, and using screenshots alone carries significant risks. Thirdly, the identity-correspondence relationship must be verifiable, otherwise it will be difficult to identify the subject. Fourthly, performance actions such as payment and delivery can reinforce the establishment of the contract. Fifthly, important transactions should still be concluded in writing. For disputes involving agreements and contracts on WeChat, parties may seek resolution through legal channels.Business and Commerce | Contract DisputesThe service obtains an overall solution, which involves the integration of contract terms and compliance requirements.Intellectual Property Protection | Corporate Legal ComplianceFor plates involving the enforcement of creditor's rights, you can refer to the following for referenceCreditor-debtor relations | Enforcement cases板块。

VI. Frequently Asked Questions

Q1: Can WeChat chat records be used as contracts?

It might be possible. If the chat content reaches an agreement on the main terms such as the subject, quantity, price, and delivery, and both parties have the intention to be bound by the agreement, combined with their identities and actual performance, the contract can generally be deemed to have been established. However, WeChat records are more in the form of evidence. Whether it constitutes a contract depends on whether the content meets the substantive requirements for the establishment of a contract, and it cannot be determined solely on the basis of "having chatted about it".

Q2: How to preserve WeChat records?

The original carrier should be preserved and fixed in a timely manner. It is recommended not to delete chat records and to keep the original phone, account, and original data. For key content, it can be fixed by means of notarization, time stamps, etc., or an appraisal can be applied for. If only screenshots are submitted and the original records cannot be checked, the authenticity may be questioned and the evidentiary value will be affected.

Q3: What should I do if the other party changes their WeChat ID?

It is necessary to prove the corresponding relationship between identities. This can be done by using the phone number, real-name information, historical use of the profile picture and nickname, and other related evidence (such as payment accounts, delivery addresses, business cards), etc. to prove that the original WeChat account indeed belongs to the other party or is actually used by them. If necessary, you can apply to the court for investigation and evidence collection, and retrieve the account registration and binding information to confirm the identity of the subject.

Q4: If you've made an appointment on WeChat but the other party denies it, what should you do?

You can claim that the contract has been established based on the chain of evidence. In addition to chat records, you should also provide payment receipts, delivery and receipt records, invoices, and reconciliation statements, etc., to form mutually corroborating facts and prove that both parties have actually performed according to the agreement. If the evidence is sufficient, the court may determine that the contractual relationship has been established and order the other party to bear the liability for breach of contract; if the evidence is insufficient, you may face the risk of losing the case.

Q5: If the content on WeChat and the written contract are inconsistent, whose version should prevail?

Generally, the amendment agreement formed afterwards shall prevail, but it depends on the specific circumstances. If the content of WeChat constitutes an amendment to the written contract, and both parties have reached an agreement and actually performed it, the amendment can usually be deemed effective; if the content of WeChat is just an opinion in the negotiation process or a unilateral statement by one party, it is not sufficient to overturn the written contract. To avoid disputes, it is recommended to clarify the amendment in writing.

The above content is based on the judicial practice in the Beijing area. The facts of individual cases and the jurisdiction of the court may affect the conclusions. Welcome to consult Henglue Law Firm for specific cases.

If you are facing similar problems, it is recommended that you consult a professional lawyer as soon as possible with the evidence materials, so as to avoid missing the statutory time limit.Corporate commercial legal services·Attorney Li Yonghui·Beijing Henglu Law Firm

Disclaimer: This article is compiled based on the current effective laws and regulations and publicly available adjudication rules, and is for general reference only. It does not constitute a formal legal opinion on specific cases. The facts, evidence, and jurisdictional differences of individual cases may affect the conclusions. In the event of a dispute, please consult a practicing lawyer in a timely manner.