You are not allowed to provide Notices by Text Message in accordance with The Standard OREA Agreement of Purchase and Sale Form
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.”
Change the Paragraph to Enable TEXTS
There are a couple of ways to accomplish this:
- add it to Page 2 in the margins and initial it.
- Delete Paragraph 3 and replace it with a new Paragraph 3 in Schedule “A” if you are the Buyer’s agent or even in Schedule “B” if you are the Listing Agent.
Basically, here’s what you need to add, (see the underlined additions):
- where a facsimile number, text number or email address is provided herein,
- when transmitted electronically to that facsimile number, text number or
email address,
That’s all there is to it, and now Texts are authorized for communication.
Brian Madigan LL.B., Broker