The New Jersey Supreme Court ruled on April 3, 2017 that an attorney may void a real estate contract on behalf of a client within the three day attorney review period by sending a "fax, e-mail, personal delivery, or overnight mail with proof of delivery." The ruling updates a 1983 rule which states contracts can only be voided by "certified mail, telegram or personal delivery." The Court's opinion was that the notice by telegram is obsolete and that what is most important is that the party receives notice, not the method of delivery.

Good to see that in 2017 we are finally getting around to allowing notifications with the new state-of-the-art technology known as the Facsimile Machine.

From the Court's ruling:

Therefore, notice of disapproval of a real estate contract
may be transmitted by fax, e-mail, personal delivery, or
overnight mail with proof of delivery. Notice by overnight mail
will be effective upon mailing. The attorney-review period
within which this notice must be sent remains three business
days. We also commend this matter to the Real Estate Commission
for consideration of amendments to N.J.A.C. 11:5-6.2(g)
consistent with our holding. Finally, we recognize that the
Court may need to modify the attorney-review clause again in the
future. Bar Ass’n, supra, 93 N.J. at 474.

For the full syllabus, see

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