Let’s have look at the Notices paragraph in the Agreement of Purchase and Sale Standard Form (100).
Here’s an outline of what is contained:
“NOTICES: The Seller hereby appoints the Listing Brokerage as agent for the Seller for the purpose of giving and receiving notices pursuant to this Agreement. Where a Brokerage (Buyer’s Brokerage) has entered into a representation agreement with the Buyer, the Buyer hereby appoints the Buyer’s Brokerage as agent for the purpose of giving and receiving notices pursuant to this Agreement.
The Brokerage shall not be appointed or authorized to be agent for either the Buyer or the Seller for the purpose of giving and receiving notices where the Brokerage represents both the Seller and the Buyer (multiple representation) or where the Buyer or the Seller is a self represented party.
Any notice relating hereto or provided for herein shall be in writing. In addition to any provision contained herein and in any Schedule hereto, this offer, any counter-offer, notice of acceptance thereof or any notice to be given or received pursuant to this Agreement or any Schedule hereto (any of them, “Document”) shall be deemed given and received when
- delivered personally or
- hand delivered to the Address for Service provided in the Acknowledgement below, or
- where a facsimile number or email address is provided herein,
- when transmitted electronically to that facsimile number or
- email address,
respectively, in which case, the signature(s) of the party (parties) shall be deemed to be original.”
COMMENTS
Compliance with Notices Section
In writing
Delivered personally
To the address
By fax
By email
(Note: no reference to texts)
So, if you are using email, you cannot switch over to text. A text would be “in writing”, but you would not be in compliance with this deal, and this Agreement by suddenly adopting your own method. You are stuck, otherwise, you have no acceptance.
Brian Madigan LL.B., Broker