The Florida FAR BAR As-Is has many locations in it were one party must notify the other. The typical would be when the As-Is condition of the Property is not acceptable and the Buyer wishes to Cancel the Contract.
First, “time is of the essence” so the notification must be timely. It must be given before the end of, for this example, the “Inpection Period.”
Second, the notice must be “written notice.” So the notice MUST be in writing. And it must be from that party, not their agent. It should be addressed to the names of the other party as shown on the Contract. It should include the address of that party as shown on the Contract. It should be clear, concise and definitive. Something like: “Dear (Seller), I (we) am notifying you that the As-Is Condition of the Property is not acceptable. And that I (we) am/are electing the Cancel the Contract between us as provided for in Paragraph 12 of same.”
This notice must then be delivered to the other party, the Seller in this example. This is typically done through the 2 Brokers, but need not be, and via email is now allowed. (Buyer =>Buyer’s Agent => Seller’s Agent => Seller) NOTE that it may NOT be via a text message. Another caveat here is that if a party is using an agent who has executed a “No Brokerage” relationship with them then that agent does NOT represent the party. Be carefull on those limited services listings. And when a notice like this is sent always get a confirmation back from the other agent (or party) to confirm it was delivered, and in a timely manner.
This Standard O of the Contract (changed back in 2021) which reads: “Notice and delivery given by or to the attorney or broker (including such broker’s real estate licensee) representing any party shall be as effective as if given by or to that party. All notices must be in writing and may only be made by mail, facsimile transmission, personal delivery or email. A facsimile or electronic copy of this Contract and any signatures hereon shall be considered for all purposes as an original. This Contract may be executed by use of electronic signatures, as determined by Florida’s Electronic Signature Act and other applicable laws.”
