On November 5, 2015, the NJ Appellate Division held, in Conley v. Guerrero, ___ N.J. Super. ___ (A-3796-13T2), in which a real estate sale/purchase agreement was “terminated” without specific compliance with the “certified mail” requirement of giving notice.
It was undisputed that this letter was sent by email and facsimile to the purchaser, with a copy to the real estate broker. Purchasers, as plaintiffs, brought suit stating that the alleged “termination” was void because it failed to comply with the termination provision, which states “certified mail, telegram, or by personal delivery.”
The Appellate Division, in its precedential decision, held that email and fax notice was more than sufficient where the receipt was undisputed.