The parties to the contract should consider several factors before deciding what contact information should be inserted in Paragraph 21.
Time is of the essence in almost all of the notice provisions in TREC contracts. This means they require 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 info 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.
What about leaving it blank?
I find it much more efficient for me to receive the notice and get in touch with my client and the client to receive notice and perhaps not understand the urgency of the situation. At least me having to fish from them what they did and did not receive.
This is a contract between seller and buyer…agents should not be made party to contract. My thoughts.
Point of contact does not make an Agent a “Party to the Contract” but it sure does create added responsibility AND liability. If the principal is capable then best put the principal’s contact. An Agent can (and should) give Title Agents specific instructions on how to handle communications to their Clients.
I prefer that both Agent and Client be included on (almost) all communications from Title that concern the transaction. Of course there are exceptions sometimes.
That’s how i handle it; me and the client are both listed as “contacts”.
I do the same, CC: me, and put the client’s information down.
Except that giving notice usually involves an agent being the one giving notice to the other party.
I prefer to put my info and the Buyer or Seller to be copied either by email or snail mail. So in case notices go out both Buyer/Seller and agent get notified at the same time.
If just the Buyer or Seller were notified the possibility exists that you (the agent) may not know about the particular notice you then would be left in the dark.
I enter the Principal’s contact information as primary plus: “CC All Docs to [my email address]”. Makes it easy for me to track and then confirm with Buyer or Seller that they have received and acted on the communication.
I agree 100%. I do not like title companies to communicate only with Buyers and Sellers.
I totally agree with Linda Maier on contact information! It enables the agent to give superior service to the Principal they are representing. It also indicates that the Buyer or Seller you are representing gives permission for you to receive all information on/about a transaction.
I believe that, like the article says, several factors need to be considered. (1) Whoever’s information is listed is where a notice should go to be considered legally delivered. Legally, I’d prefer the notice to have to go to my client to be considered legally delivered to limit my liability as a middle man. I’d prefer notices to the other party to go to the other party’s agent since I don’t communicate with the other principal normally and wouldn’t want to accidentally forget to send a notice to them. (2) If notices are sent to my client instead of me,… Read more »
In more then one occasion I had my client’s email added to a “email” list for advertisement by the realtor on the other side. Learned my lesson and now I leave it blank and give the contact directly to the title company.
Don’t ever leave this area blank! Put client email or agent email at a minimum. I also put clients email in this paragraph with CC to my email.
That is so not cool IMO. The information is only for notices not soliciting the client for future transactions.
You are absolutely correct on this…. one extremely large brokerage company actually teaches their agents to harvest the “orphan clients” and begin marketing to them. And while that may be allowed after closing, it certainly makes me want to give the clients info directly to the title company.
We need to define notice. Some construe client contact information as permission to start emailing directly to your client on every communication. I do not believe that is the intent of “notice”.
If either party to the contract happens to default on the agreement & then refuses to sign a Release of Earnest Money form, and their address was not listed on paragraph 21, it’s going to make it challenging should the non-defaulting party want to send a demand letter.
I put my clients info first and on the line below I add CC to: me@myemail.com
Insert your clients contact info as primary contact with agent to be copied on all communication.
Sensitive issue and very important to make sure all works well, if notices are necessary in a real estate transaction. I personally prefer to be on para. 21, included as noticed with customer/client.. I do represent the client, and cannot assume a “notice” email sent, in possibly, a very busy business day or travel day for client would be best left to his/her time for attention to the matter. Quite the same situation could be a person represented is not quite aware of computer, or real estate issues in total, to know to respond to a “notice” email. Different situations… Read more »
My practice is to use : Notify BOTH EMAILS … mine AND clients.
Not all clients are on top of emails as we are some like Text this way I can follow up and make sure they are receiving and I am also kept in the loop,
I just discussed this with TREC a few days ago. Anyway, I have had a few agents tell me that my clients info needs to be there not yours. I have always put my info in that paragraph. After explaining why to my clients they all agree. The reason why I want my info there is because if something comes across to my clients, he may sit on it for awhile or not receive it via email or mail at all. Plus, I don’t know if or when he received it until he tells me. most of my clients don’t… Read more »
yes, all notices should go to both clients and their respective representative. That is a perfect example on how we add value.
Good point…
If you put yourself in the notifications, then you take responsibility for relaying the notifications to your client. If you are doing a lot of business, they may be impractical. But, if you are not, it gives you a reason to contact your client, and it gives the appearance, justified or not, that you are working for them. SOME brokers do NOT want you to put yourself as the contact. Now, a story: I had a transaction, with a builder, where I negotiated a lower price, on behalf of my client. My client’s work schedule (as a member of two… Read more »
I always use the client’s info but ask both the other Realtor and Title Company to send a courtesy notification to me….so far everyone has always cooperated with this request.
If the clients name is in paragraph 21 aren’t you contractually obligated to send all notices to such.