What does the term "subject to contract" signify in correspondence?

The term "subject to contract" indicates that the discussions or terms being addressed are not yet finalized and do not create a legally binding agreement. When correspondence includes this phrase, it is an explicit indication that the parties are still negotiating aspects of the contract, and any agreement is contingent upon further discussion, documentation, or formal agreement. This legal phrase helps to protect both parties by clarifying that while negotiations are ongoing, neither party is committing to the terms until a formal contract is executed.

This distinction is crucial in the context of commercial dealings, as it allows for the flexibility to amend, add, or retract provisions before reaching a mutual agreement. It ensures that both parties remain aware that even if they have discussed terms, those discussions do not yet constitute a legal obligation, thereby preventing potential misunderstandings about the enforceability of the contents of the correspondence.