Acknowledgement Section:
“I acknowledge receipt of my signed copy of this accepted Agreement of Purchase and Sale and I authorize the Brokerage to forward a copy to my lawyer
______________________________ ______________________
Seller Date
______________________________ ______________________
Seller Date
Address for service _______________________________________
_______________________________________________________
(Tel. No.)
Seller’s lawyer __________________________________________
Address _______________________________________________
Email ________________________________________________
______________________________________________________
(Tel. No.) (Fax No.)”
The same information is included on the other side of the page for the Buyer.
Notices Section:
“3. 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. Where a Brokerage represents both the Seller and the Buyer (multiple representation), 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. 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.”
Fax No. _______________________________________
(For delivery of Documents to Seller)
Email Address _____________________________________
(For delivery of Documents to Seller)
Fax No. _______________________________________
(For delivery of Documents to Buyer)
Email Address _____________________________________
(For delivery of Documents to Buyer)”
COMMENT
You will notice that the Acknowledgement section is incorporated by reference into the Notices section. That’s the physical address for service.
You might need that, if there is a difficulty with the Fax or Email.
Also, you will definitely need that in the case of multiple representation.
Let’s assume the deal falls through and the parties need to sue one another. Generally, you could start legal proceedings by suing the other party at their address. But, where’s that? If it’s a residence, then, the Seller could be found at the property? However, what if there’s a Tennant living there? What if it’s an Estate Sale?
And, do you have any idea where the Buyer lives without this section being filled out?
So, it’s absolutely needed, no matter what!
Brian Madigan LL.B., Broker