Based on hotline communications, licensees are often very informal and imprecise in their text messaging.
Therefore, SCR and the SCR310 discourage the use of text messaging primarily by allowing electronic writing that must be timely and properly delivered and received to the Contract’s agreed upon:
- Notice address [typically brokerage office – can use FEDEX/UPS/Courier or US MAIL (return receipt best) or hand delivery (get receipt best)]
- Notice email address [typically the licensee’s email]
- Notice fax number [typically the licensee’s office fax]
- NOTICE AND DELIVERY: Notice is any unilateral communication (offers, counteroffers, acceptance, termination, unilateral requests for better terms, and associated addenda/amendments) from one Party to the other. Notice to/from a Broker representing a Party is deemed Notice to/from the Party. All Notice, consents, approvals, counterparts, and similar actions required under Contract must be in paper or electronic writing and will only be effective as of delivery to the Notice address/email/fax written below and awareness of receipt by Broker (“Delivered”) unless Parties agree otherwise in writing.
Due diligence timely and proper termination requires delivery of any agreed upon due diligence termination fee in good funds.
None of this has been tested in court…so despite the desires of the SCR forms committee to prevent text messages from being utilized for electronic writing by requiring delivery to only three places (none of which are a mobile phone number)…there is always a risk that an aggressive party takes this to court. SCR legal action fund committee would likely want to get involved if the dispute escalates to the point of a party arguing that a text message is binding.
Failure to timely/properly deliver the agreed upon termination fee could invalidate any sort of due diligence termination.
Ideally, the buyer rep would send a SCR313 Notice of Termination to the address/fax/email…via courier/mail delivery or email or fax or zipForms e-signature.
Recognizing that not all 20,000 REALTORS® are well trained, there is no contractual requirement to use SCR313…also there could be some unusual situation where SCR313 cannot be used…example: buyers are overseas without access to forms…but can fax or email or courier a less formal writing (but SCR310 intentionally was written to limit using the informal and imprecise text message) to the contract’s notice address or email address or fax number.