Paragraph 21 of the Texas Real Estate Commission contracts includes spaces for contact information for the parties to the contract to indicate where notices should be sent. The buyer and seller should consider several factors before deciding what contact information should be inserted.
Time is of the essence in almost all notice provisions in TREC contracts, which means receipt of a notice requires time-sensitive action. Having an agent as the point of contact to receive notices for his or her client could create delays that may result in the party losing a time-sensitive option or right provided in the contract, such as the buyer’s right to waive the contingency under the Addendum for Sale of Other Property by Buyer.
In addition, the word “notices” in Paragraph 21 has contractual meaning. Giving notice to a party can affect the party’s rights and obligations in several parts of the contract, so care should be taken to provide notices in ways that don’t cause needless delay. Some agents are reluctant to put buyers’ and sellers’ contact details in Paragraph 21 because they think direct contact with the other party is forbidden. However, as long as you’re using the contact information to provide notice to the other party, you’re not crossing the boundary of soliciting another agent’s client.