Whose contact information should be written in Paragraph 21 of TREC contracts to receive notices?
There isn’t one correct answer to that question. However, you could consider using the buyers’ and sellers’ contact information.
Why? Because time is of the essence in almost all of the notice provisions in TREC contracts, meaning they require action before a strict deadline. 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 requirement to waive their contingency after the seller accepts a backup contract under the Addendum For Sale Of Other Property By Buyer (TAR 1908, TREC 10-6).
You might be reluctant to use the buyers’ and sellers’ contact info because you 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.
Totally agree
Our office provides an information sheet to the title company with all of the parties
contact info as well as the agent’s contact info and the new lender
It is imperative that the title co have all the information at their fingertips
Also what if something were to happen to the agents….their clients info should be available to their office and broker as well!
I think this paragraph is intended to go way beyond title information sheets which actually have no bearing on or in a contract. The paragraph is for communication between the parties (buyer[s] & seller[s].) Unless a REALTOR is an Agent for service of process (really bad idea to assume this role) of the parties, then the Agent’s information should never go in this spot. In fact, I think one could safely argue that by putting the Agent’s contact information in this spot implies a certain liability or additional duty upon the Agent. Simply put if the buyer contacts the noted… Read more »
I agree with the assertion that putting the Agent’s information in this paragraph increases his/her liability, especially with time-sensitive issues. However, regardless of whose info is in that paragraph, anytime someone communicates with the representative (either buyers’ agent or listing agent) of the principal, that IS always considered constructive notice. If the agent knows it, the principal is presumed to know it. Putting the buyer or seller’s info in this paragraph instead of the agent’s, will not relieve you of that responsibility.
I guess I’m looking at it from a different perspective. By the time a contract is executed, all of the buyer’s and the seller’s information should be delivered to the title company. Sending it to the Broker is a matter of office policy, but the title company still has contact with the Broker in case the agent gets run over by a truck. The main point of this question is what contact info do you provide to the other agent and to the other principle party. I have seen too many cases where either the seller or the buyer have… Read more »
Rick, I think you are missing the point with: “And I can think of no reason why the other party’s agent needs to communicate with my client. ~So the real question here is who is going to be responsible to act on any Notice that is required by the terms of the contract…?” I understand the role of an Agent, but NOTICE is the responsibility of the PARTY, not the Agent. I’m scratching my head to think of, for the purposes of naming it, but I’m fairly certain there are documents or notices that a party might serve upon an… Read more »
I agree – there are times also that my client does not what his info given to the other party. It’s their privacy and why they go through a Realtor..
I meant to say I agree with Rick.
Totally agree and keeps them from contacting after closing. Had a buyer that would not leave my seller alone after closing with petty questions that could have been addressed had he had an inspection which he did not.
Here is the problem with this perspective. Because TAR legal does not write contracts and specifically does not engage in notifications between buyers and sellers, you probably don’t understand that the seller’s email address is not in the MLS. Secondly, when the listing agent uses CSS for their showings, there is no phone number for the seller in the MLS either. So, our Texas contracts and the requirements that we put on our MLS suppliers are not coordinated and there is no required paragraph 21 data in the MLS listing for buyer’s agents to use when writing an offer. As… Read more »
Simple Solution: Fill in the address for Notices to your buyer when making the offer, leave the seller’s area blank for the listing agent to fill in. The listing agent can ask the seller where they want notices sent and fill it in accordingly.
You are making this way too complicated Tim..
I wish I was. I wish life and listing agents were as simple as you seem to think that they are. Leaving something blank for the listing agent to fill in just insures that when you do cancel a contract, you have no place in paragraph 21 to send the notice. Unfortunately, this does not change the law of notification and it does give the agent and seller grounds to argue over where the notice should have been sent. I have written far too many contract to think that trusting the listing agent, who often times does not even execute… Read more »
(This was written after Tim’s below reply. There was no “reply” button after his entry so I put it here.) Tim, where do you think you are going to get the address that the sellers want notices sent to other than the listing agent? The MLS? Who puts it in there? It’s the seller’s choice of where they want notices sent, not anyone else’s. The only way to learn what the seller wants is through their agent. I know that P21 is often overlooked by agents. I see it often myself. So I have another Simple Solution for you. Notify… Read more »
Please disregard the first sentence above. I see how the replies are laid out now.
paragraph 21 should read something like “notices should be sent simultaneously to BOTH agent and principle using the following email and physical addresses” :
I’m thinking the committee would likely approve this. Have you considered presenting it to them? My only concern here is that it does place an ever so slight additional burden on the consumer (TREC doesn’t generally like these scenarios) of having to send notice to TWO people rather than the one (the way it is now.
think this is brilliant.. alas until then most likely gong to stick with Rick way of thinking.. 19 yrs. the people never change and we have to do more hand holding.. I am the agent for them on behalf of their interest. Their interest my fiduciary. Cheers!
It sounds like we’ve hit upon an issue that has bugged me for a long time… Paragraph 21 of the TREC contract has to be filled in by both Agents, just like any other paragraph with a blank in it. And although I agree it is hard to get the info prior to submitting an offer, I always require the other party’s agent to fill it in before executing the offer and accepting it as complete. Since a “Notice” has to be in writing, it is ridiculous to ask for a phone number in that paragraph (21). However, the email… Read more »
I’ll give you one example of how this Agent contact data in paragraph 21 (ONE TO FOUR RESIDENTIAL CONTRACT) can be a problem. Refer to the (IMHO) most common notice that needs to be given. Termination Notice. You (assuming you are the designated broker of the firm) represent (if you’re not the designated broker of the firm, you do NOT represent either party, representing someone is reserved for the person who is the designated broker of the brokerage-this is to those that like to claim they “represent” a party when they are not the designate broker) the Seller in a… Read more »
21. NOTICES: All notices from one party to the other must be in writing and ARE EFFECTIVE WHEN MAILED TO, HAND-DELIVERED AT, OR TRANSMITTED BY FAX OR ELECTRONIC TRANSMISSION AS FOLLOWS: To Seller at: _________
.
so doesnt this wording satisfy buyers delivery to seller irregardless of whether the agents/sellers info is in there?
I recently attended a class on contracts and the title attorney presenting the class said there is a problem with placing an actual mailing address in the Notices Paragraph. Doing this would mean that all notices are mailed to an address and we know how the USPS mail works sometimes. Depending on when the actual mail was received by either party, there can be an issue with missing deadline dates to comply with the contract – i.e. days to object to the title commitment, survey, HOA documents, etc. I’ve always added a cc to me at my email address so… Read more »
I honestly do not know why so many agents are “scared” to put their client’s information in paragraph 21 of the ONE TO FOUR RESIDENTIAL CONTRACT. That is a contract between a seller(s) and buyer(s). Quit trying to play God with the transaction. That information is for contact to the parties to give notices. Put the party’s contact information in that space (email & phone number) and move on….. An Agent putting their contact information in there can pose a really huge problem should the contract wind up in litigation. Whoever’s information is in paragraph 21 is becoming an agent… Read more »
If you are doing bank owned property, it is almost always needed to submit a contract. I can not tell you how many time I have had to wait for this information, before I could submit the other realtors contract. Sometimes this delay can cost their client the property. I do not want this information because I want your client, I need it to do my job and to assist you as the buyers realtor,
I agree with you Rick. In my vast experience, I have found that transactions proceed much smoother if my contact information is listed. Buyers and Sellers simply do not always understand the various notices and frequently are slow to respond, without their agents’ prompting. Also, when the Seller or Buyer is an elderly person, they are particularly dependent upon their Agent’s guidance.
I feel it is imperative to send notices (especially termination) to BOTH listing agent and seller… sending it to only the agent does NOT suffice as “delivering to seller /buyer”… you can argue the agents receipt is sufficient… but you may also end up arguing that in a lawsuit
Leonard, just as delivery of the option fee to the listing agent is construed as delivery to the seller the same can be true of notices when the agent is listed in paragraph 21. Indeed, the contract does not restrict who a buyer or seller can identify as the recipient for notices. In addition to themselves, notices can be sent in care of their agent, attorney, or uncle Fred if that is who they choose. Sending the notice to whoever is listed in P21 is satisfactory per the contract. However, as the article states, when an agent is listed as… Read more »
Specifically, the termination of contract notice.
Regardless, of whose contact info is in the contract, if it is delivered to the agent is it considered properly noticed. I believe I saw my answer in one of the comments. If so and if you know where I can find the official statement, please let me know.