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If I can't prove that it was sent, then what? How does that…

Customer Question
if I can't prove that...
if I can't prove that it was sent, then what? How does that affect the contract?
Submitted: 7 months ago.Category: Legal
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Answered in 4 minutes by:
1/5/2018
Lawyer: Lucy, Esq., Attorney replied 7 months ago
Lucy, Esq.
Lucy, Esq., Attorney
Category: Legal
Satisfied Customers: 32,264
Experience: Lawyer
Verified

Your testimony IS evidence that the check was sent.

Can you explain more about what happened? When was the check sent? From where? To where? Are they saying they never got it? What does the contract say about when the check is due?

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Customer reply replied 7 months ago
The contract was accepted on a Friday Dec 29th in the early evening. The listing agent is in Dallas area and the property is in Houston. The seller's PO Box is listed as outside of Houston city limits. My client couldn't meet with me to drop off the money until the next day, Saturday, Dec 30th. The check was sent that Saturday in the afternoon well after the post office closing, and its a holiday weekend. It was sent to the PO Box given to me by the listing agent. They are claiming that they never received the check. It's a TREC contract, usually three days.
Customer reply replied 7 months ago
I had to hurry since we were running out of it and the holidays were making everything more challenging.
Customer reply replied 7 months ago
The listing agent also promised to receipt the option fee when I emailed him that I had sent it
Customer reply replied 7 months ago
He wrote this in an email.
Lawyer: Lucy, Esq., Attorney replied 7 months ago

If the contract doesn't specifically require that the check be received in three days, the default is that it must be delivered "within a reasonable time." What's reasonable depends on circumstances, but adding a couple of days when the post office is closed would be reasonable.

And even when the check is late, that doesn't automatically void the contract unless it says something like "Time is of the essence." You get time to correct the problem.

You may want to check make sure the check hasn't been cashed. Assuming it hasn't, you can ask if they would prefer that you place a stop payment and overnight them a new check, hand deliver it to the agent's office, or simply mail it again with delivery tracking.

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Customer reply replied 7 months ago
Thank you. I will try, but I have a feeling they will be difficult about it. Thank you for giving some me information for my approach about this situation.
Lawyer: Lucy, Esq., Attorney replied 7 months ago

You're welcome. They really don't have grounds to cancel the contract based on a mail delay of a couple of days (unless the contract says they do), so hopefully, they will work with you.

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