New Contract Quiz - Delivery
Which of the following statements are True?

1. The New Contract requires delivery of copies directly to the Buyers and Seller.
2. If all the terms of a New Contract are accepted in writing and faxed or E-mailed to the other side, it is still not Ratified until it is acknowledged in writing.
3. Notices are deemed delivered the day they are placed in the U.S. Mail, return receipt requested. This is known as the “mailbox rule”
4. A FEDEX left at an empty house is Deemed delivered, even if no signature was required.
   
   1. Myth: The New Contract requires delivery of copies directly to the Buyers and Seller.

Agents may still put their address, and/or their e-mail address and/or their fax number in the blanks for the place of Delivery to Buyer and Seller. If deliveries are “addressed to” the buyer or seller and sent c/o agent as specified in 1B, delivery will be deemed to have occurred when delivered to agent and agent will be responsible for communicating information to their clients. The New Contract is flexible enough to allow agents to practice in their comfort zone – some will want everything to go directly to their clients, some will want the opportunity to present all information to their clients

2. Myth: If all the terms of a New Contract are accepted in writing and faxed or e-mailed to the other side, it is still not Ratified until it is acknowledged in writing.

Date of ratification is a defined term in paragraph 29 of the New Regional Sales Contract. The Sales Contract is not binding on the parties until it is accepted and Delivered. Time is still measured from the Date of Ratification, however. A real concern: Can a Seller pocket a Ratified contract but not be bound by it until the time periods have expired?


o Myth: Notices are deemed delivered the day they are placed in the U.S. Mail, return receipt requested. This is known as the “mailbox rule.”
o Notices are deemed delivered the day they are Delivered by the mail carrier if they are sent using a return receipt service from the post office. See www.newregionalsalescontract.com for more details on various return receipt options available from the USPS
o The Mailbox Rule is general contract case law and does not apply because our contract has specific language about delivery requirements and U.S. Mail


Delivery: Myth v. Reality
o Reality: A FEDEX left at an empty house is Deemed delivered, even if no signature was required.
o Notices are deemed delivered the day they are Delivered by professional courier service. This includes FEDEX and UPS and DHL
o If this is the method used, not acknowledgement is required
o A business record (tracking number information) provides adequate proof of delivery to the specified address. As long as the address it was delivered to is the address specified in Va. Jurisdictional Addendum it is delivered

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