Emails, Texts, Faxes and SCR Forms
Hotline has been receiving reports of REALTORS relying on words in emails, words in text messages, and words in fax messages to amend their SCR standard form contract.
This reliance is high risk.
SCR recommends that when negotiating the SCR contract agreement, that SCR forms are used.
Example: Parties sign SCR 300 Agreement/Contract to Buy and Sell Real Estate and are negotiating either repair procedure (SCR 300) or due diligence repairs/price (SCR 311 attached to SCR 300).
REALTORS should use SCR 525 Repair Addendum/Amendment and/or SCR 390 Addendum/Amendment.
Here is why: SCR forms contain a non-reliance clause. Any representations oral or written not part of the agreement/contract are not binding/enforceable.
So, an email message or a text message or a fax message that is not incorporated into the agreement/contract is not part of the agreement/contract.
Emailing an attached copy or faxing a copy or using Zipforms Digital Ink copy such as a signed SCR 525 or SCR 390 is less risky.
Referencing contractual forms such as SCR 525 and SCR 390 in the SCR 300 is another way to reduce risk.