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Weekly Q&As

Does a client have to provide their information on the Notice Information page of the contract?

Release Date: 08/01/2017

This email address is being protected from spambots. You need JavaScript enabled to view it., Martin & Gifford, PLLC

QUESTION: In the updated Offer to Purchase and Contract (Form 2-T), a new note, outlined in blue, appears at the top of the Notice Information page. It says:

“NOTE: INSERT AT LEAST ONE ADDRESS AND/OR ELECTRONIC DELIVERY ADDRESS EACH PARTY AND AGENT APPROVES FOR THE RECEIPT OF ANY NOTICE CONTEMPLATED BY THIS CONTRACT. INSERT ‘N/A’ FOR ANY WHICH ARE NOT APPROVED.”

Does this note mean that a client now must provide their personal contact information to the other party? Also, does the form have to be printed in color now given the blue and red boxes throughout the new form?

ANSWER: The answer to both questions is “no.” The new note on the Notice Information page is not intended to override paragraph 21 of the contract. Paragraph 21 clearly states that “[a]ny notice or communication to be given to a party herein, and any fee, deposit or other payment to be delivered to a party herein, may be given to the party or to such party’s agent.” An agent may simply put “N/A” in any blank where their client’s information is requested on the Notice Information page if their client does not want to be contacted.

It is not necessary to print the new forms in color, but you may do so if you wish.

 

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