FACTS: The selling agent sent the listing agent an email on Friday stating, “I am sorry, but it looks like I may be sending you an unfulfilled loan contingency on Tuesday.  I will let you know.”

ISSUE: Is the selling agent’s email a cancellation?

ANSWER: No.

DISCUSSION:         

A cancellation must be an unequivocal statement that the party is cancelling.  Here, the selling agent stated the buyer “may” be cancelling.  Until the seller receives an Unfulfilled Loan Contingency Notice, or Notice of cancellation pursuant to sections 8l and 8m that the buyer is cancelling, the contract remains in effect.