In a prior blog post, we discussed the Conley v. Guerrero decision, in which Judge Coleman held that an attorney review letter was validly and effectively sent, by fax and email, although the contract in the transaction and the New Jersey Supreme Court decision in New Jersey State Bar Association v. New Jersey Association of Realtor Boards required the letter to be sent by certified mail, telegram or personal delivery.
The Appellate Division recently upheld Judge Coleman’s position in a published opinion. It noted that the purpose of the method of delivery requirement for attorney review notices was to protect the realtors, and that in the Conley case, no realtor complained about the notice. Further, the court noted that the notice sent by the seller’s attorney was received by the buyer’s attorney, and substantially complied with the requirements. It noted that to hold otherwise would result in a forfeiture of the seller’s right to disapprove the contract of sale.
However, the Appellate Division rejected the suggestion that it update the notice requirement in New Jersey State Bar Association v. New Jersey Association of Realtor Boards to permit attorney review notices to be sent by email and facsimile. That will await another day, hopefully soon.
