Q: When is the timely response requirement met when submitting the Property Inspection Contingency Removal Amendment PICRA
PICRA was sent by buyer's with 2 minutes remaining prior to expiration of contingency period. Sellers agent shows receipt of PICRA 24 hours later. Which value counts a the response time?
A: Great question! The contract controls. If it is silent, it may depend on the method of delivery and whether that method of delivery is contemplated by the contract. As an interesting twist of an anachronism in the Law, under the Mailbox Rule, absent a contractual understanding to the contrary, an acceptance is presumed delivered as of the time it is posted to the mailbox. I've seen some judges recognizing that the ancient Mailbox Rule no longer makes sense in an electronic 24/7 world, but I don't believe -- without doing any research -- that the Supreme Court or the Legislature have addressed the issue.
Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.
