Many Texas Real Estate Commission and Texas REALTORS® forms provide that notices are effective “when mailed” or “when sent.” However, the US Postal Service advises that mail placed in collection boxes or given to carriers may receive a postmark dated later than the date the mail was deposited. A postmark dated later than the actual mailing date may create disputes over whether a contractual or statutory deadline was met, particularly for time-sensitive notices such as security deposit refunds.

To ensure a postmark reflects the actual mailing date, the USPS instructs customers to present the mail at a post office and request a manual postmark, which is applied free of charge. Customers who want proof of the date that the USPS accepted the mail may also purchase a Certificate of Mailing.

When sending documents tied to a deadline, don’t rely on dropping them in a mailbox. Send them a few days early, ask for a manual postmark or a Certificate of Mailing, keep your receipts, or use alternative mail services or couriers, email or other electronic delivery if the contract or statute allows.