WHAT IS PROPER NOTICE IN THE GAR CONTRACT?

Notices: The GAR Contract provides that all notices, including but not limited to offers, counteroffers, amendments, demands, terminations, and all other notices must be in writing, legible and signed by the person giving notice (buyer or seller). In the event of a dispute regarding notice, the burden shall be on the party giving notice to prove delivery. The GAR Contracts provide that notice may only be delivered by one of the following methods: 
      (a) In person; (b) by courier, an overnight delivery service, or certified or registered U.S. mail; (c) or by email or facsimile (FAX).                                                      
Although many real estate licensees and brokers text information to the other party, it is important to remember that text messages are not an acceptable form of giving notice under the GAR contracts.
Delivery of Notice: The GAR Contract also provides for when the notice is considered delivered and received. A notice to a party shall be deemed to have been delivered and received upon the earliest of the following to occur:
    (1,) The actual receipt of written notice by a party; (2) in the case of delivery by a delivery service, when the written notice is delivered to an address of the party set forth in the contract provided that a record of the delivery is created (i.e., return receipt requested); or (3) in the case of delivery electronically, on the date and time the written notice is electronically sent to an email address or fax number of a party that is included in the contract.
To be effective, notice must go to the email address, fax or address included in the contract!
Notice via Email: Most real estate contracts, including the GAR Contracts, now permit notices to be sent by email. The GAR Contract goes further and provides that notices sent by email are deemed received when sent, provided they are sent to an email address provided in the contract or subsequently provided via another permissible method of notice.
If an email address is neither provided on the signature page of the GAR Contract (for brokers or agents or unrepresented buyers or sellers) nor subsequently provided following the notice procedures in the agreement, then notice via email will not be deemed a valid form of delivery of notice to that party. 
Notice to an Unrepresented Party: Under the GAR Contract, a real estate licensee working with an unrepresented customer cannot normally receive email notice on behalf of the customer. Notice must be sent directly to the customer to the email or fax number included in the contract.
Notice to the Broker or Agent is Generally Notice to the Client: The GAR Contract provides that notice to the broker or agent shall be deemed notice to the party represented by the broker as a client, provided they are sent to an email address or fax provided in the contract or subsequently provided via another permissible method of notice.