RealTown's RealTalk

A receipt from a fax machine showing that a document was transmitted and received is considered legal proof of delivery in CA. Probably is most everywhere else, too. Best Regards, Ed Hain, Full Service Discount Broker

>>Ed Hain wrote:
>>A receipt from a fax machine showing that a document was transmitted and
received is considered legal proof of delivery in CA. Probably is most
everywhere else, too.<<

Would you please post a reference? I couldn't' find anything relevant using
Google. It would seem that actual delivery would be sufficiently uncertain
due to fax failures (paper jams, ink cartridge failures, etc.) and email
transmission failures (bounces, spam blockers, AOL, etc.) for those who
receive faxes by email.

Fred
fsalzer@sempre.com
Poway, CA

I'm not going to get into a big hairy argument with you about deliver of documents via fax, Catherine. The State of California has made it clear that a fax receipt is legal proof of delivery. That's it. End of story. If you don't agree take your argument to the state legislature. Meanwhile, if a client authorizes his/her agent to receive documents on his/her behalf, that agent posts a fax number at which he/she receives documents, I send a document to that fax number, and I receive a receipt saying the transmission was successful, I HAVE DELIVERED the document. There remains the matter of the principal on the other side (or his/her agent) confirming receipt by initialling for the confirmation and sending that back. Most agents don't bother with this step, but it's important, because it could be argued that the agreement is not be complete without it. Ed Hain Full Service Discount Broker

There can be no argument, Lenn, that personal delivery is THE way to deliver documents. But, the law of many states stipulates that other methods of delivery are acceptable. None, but the personal delivery provides proof of content of the document. "Well, no, yer honor, I really can't prove what I put in that registered mail envelope." Same kind of argument that's being made about using the fax. That may be why, in the case of real estate agreements (in Ca, at least), receipt must be confirmed by the intended recipient and that confirmation must be returned to the other party for the agreement to be binding. Let's get real. The fax is reliable technology. Nearly EVERY real estate agent and broker uses it to tranmit documents. The courts recognize that. Best Regards, Ed Hain, FUll Service Discount Broker

>>Laurie Furem wrote in part:
>>... Subject to limitations and conditions set forth herein, notices may
only be delivered: (1) in person; (2) by an overnight delivery service,
prepaid; (3) by facsimile transmission (FAX); (4) by registered or certified
U. S. mail, pre-paid, return receipt requested, or (5) by e-mail.C. When
Notice is Deemed Received. Except as may be provided herein, a notice shall
not be deemed to be given, delivered or received until it is actually
received. Notwithstanding the above, a notice sent by FAX shall be deemed to
be received by the party to whom it was sent as of the date and time it is
transmitted provided that the sending FAX produces a written confirmation
showing the correct date and the time of the transmission and the telephone
number referenced herein to which the notice should have been sent."<<

Thanks, Laurie. I understood, perhaps incorrectly, Ed to mean that
California law, absent any agreement to the contrary, deemed a fax delivered
when one has a fax transmission receipt and was requesting a legal reference
for that. Considering that fax clocks are often incorrect and can be easily
manipulated, as well as the comparative unreliability of fax/email, it
seemed unlikely to me that there would be such a law without it having
additional provisions. I like to know the detail. :)

I'm aware the parties to a contract can generally agree to methods and
criteria for delivery as they please. I find it interesting that in your GA
contract notice by email must be actually received and yet notice by fax to
those who use a fax-to-email service doesn't have to be actually received.
Perhaps a heads-up to those that use AOL.

Fred
fsalzer@sempre.com
Poway, CA

You might check with NAR and CAR for information on where in the laws to find references. Also your MLS and AOR. Regards, Ed Hain, Full Service Discount Realtor