Realtor® Legal Tip – Is an email or text a sufficient way to cancel a REPC?
July 8, 2020
Author: Curtis Bullock
This is an easy one but I continue to hear this question come up. As an industry we need to be better at this. Remember, section 18 of the REPC requires that all notices be in writing, signed and received. At least for now, until we see more case law on this topic, an email or text does not include a signature and would not meet the requirements of section 18.
Here’s why it’s important. Suppose the listing agent receives a text message from the buyers agent saying “my client is cancelling the REPC.” Then suppose the listing agent places the home back on the MLS and goes under contract with another buyer. What happens if the first buyer comes back and says “we didn’t really mean to cancel the contract, so let’s continue to closing.” There would be arguments on both sides of this case but no matter what this could create a problem because now there are two buyers under contract on the same property.
Avoid this potential land mine and insist on using the Buyer Notice of Cancellation of REPC form.