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Real Estate Contract Termination Notice Delivery Requirements Clarified

Real Estate Contract Termination Notice Delivery Requirements Clarified

In the recent unpublished decision entitled Conley v. Guerrero, the attorney for the seller of a residential property terminated the contract via a letter sent by facsimile and email.  The purchaser filed suit, alleging that the termination was ineffective, because it was not sent by certified mail, telegram or personal delivery.  Judge Coleman determined that the purpose of the notice provision of law was satisfied, and determined that in the facts of that case, the termination notice which was sent by facsimile and email, and received by the parties and the realtors, was an acceptable form of termination.

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