FACTS: During a transaction, a listing agent sent an image of a Cure Period Notice via text message to the buyer’s agent.

ISSUE: Can a Cure Notice be provided by text message?

ANSWER: No.

DISCUSSION:         

Section 8m of the Arizona REALTORS® Residential Resale Real Estate Purchase Contract states: “Unless otherwise provided, delivery of all notices and documentation required or permitted hereunder shall be in writing and deemed delivered and received when: (i) hand-delivered; (ii) sent via facsimile transmission; (iii) sent via electronic mail, if email addresses are provided herein; or (iv) sent by recognized overnight courier service . . .”.

As such, the listing agent did not deliver the Cure Period Notice properly. The listing agent should proceed with sending the Cure Notice again via one of the above listed options.