For any notice under this Agreement to be effective, it must be in writing and delivered by email. It is considered received when it is sent, even if the sender receives a message generated by the machine whose delivery failed. If a party sending an email notification under this Agreement receives a machine-generated message indicating that delivery has failed, the sender must provide a tangible copy of that notice with end-to-end tracking and all charges paid no later than ten business days after the email message is sent for such notice to be valid. St. John`s Holdings (SJH) approached the owner of Two Electronics with a proposal to purchase a building owned by Two Electronics. Both had agreed to work through their respective real estate agents. But on two occasions, SJH sent an email about unsigned letters of intent and ignored the changes requested by the building owner. If the sender of a notice under section 11(a) receives a machine-generated message indicating that delivery has failed, or if the sender does not receive confirmation in accordance with section 11(a), that notice will still be deemed to have been received when it was originally sent by email if the sender delivers a tangible copy of that notice with end-to-end tracking and all prepaid fees no later than ten working days later. Of course, the requirement that an email must be confirmed adds a few extra words.
It also means that you can`t just send an email and assume it`s been delivered unless you receive an error message. I think it`s telling that an accomplished operator like Neil Brown doesn`t feel comfortable with pure email: for what`s worth it, I`ve experimented with email notification clauses, and I haven`t yet found one that doesn`t require a health warning for a less tech-savvy customer. Some contracts specify when an email notification is deemed to have been received. An advantage of e-mail only is that the contract would be shorter, but the fallback mechanism in the provision cited above requires a few extra words more, indicated elsewhere, the addresses for the delivery of the tangible copy, as well as about 50 words indicating that the tangible copy is considered received if it cannot be delivered for one of the many possible reasons. Just because an out-of-office response is enabled doesn`t mean the email can`t be received. It`s obviously not uncommon for people to continue to access their emails while using the ”Out of Office” feature at the same time. It would have been useless for me to think for myself about the effects of quitting smoking by email. On Twitter, I appealed for help, and two heard the call. Unfortunately, there is no clear answer to this question. Essentially, the validity of text messages depends on whether or not they are considered a written notice. Specifically, it depends on the terms of the contract between the landlord and the tenant.
Some contracts may require tenants to receive notices by mail, in which case any form of electronic communication would not be considered a valid form of notification. However, in many cases, text messages are actually considered valid. Since text messages are physically written by a party, there are some questions that can help determine the validity of SMS notifications. For example; The Massachusetts Land Court ruled that the text message and letter of intent were sufficient to meet the written requirement of the Fraud Statute. Given that a real estate contract must be drafted under State contract law, the importance of this decision would determine that text messages are legally equivalent to bilateral contracts written in ink and paper. A subsequent decision concluded that the broker who had accepted the contract did not have the authority to do so and therefore reversed the original judgment. But the mutual exchange of details and the intention to act via SMS led the court to consider the February 3 exchange as a valid contract. And when is an email ”sent”? When the user`s email client (for example. B his iPhone software) transmits the message to his mail server or when his mail server transmits the message to the recipient`s mail server? In my daily communication, I`ve learned not to assume that every email will reach its intended recipient. .