Q&As

A notice was served under a contract that incorporated the Standard Conditions of Sale (Fifth Edition). The notice was served by email and condition 1.3.7(e) was not excluded. However, the footer of the email itself stated that 'we [the firm of solicitors] do not accept service of documents via email'. Has the notice been validly served or not?

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Published on LexisPSL on 03/08/2016

The following Property Q&A provides comprehensive and up to date legal information covering:

  • A notice was served under a contract that incorporated the Standard Conditions of Sale (Fifth Edition). The notice was served by email and condition 1.3.7(e) was not excluded. However, the footer of the email itself stated that 'we [the firm of solicitors] do not accept service of documents via email'. Has the notice been validly served or not?

We are not aware of any authority on this specific point. Special condition 1.3.7(e) of the Standard Conditions of Sale (Fifth Edition) states:

‘A notice or document sent by the following means is treated as having been received as follows:

(a) by first-class post: before 4.00pm on the second working day after posting

(b) by second-class post: before 4.00pm on the third working day after posting

(c) through a document exchange: before 4.00pm on the first working day after the day on which it would normally be available for collection by the addressee

(d) by fax: one hour after dispatch

(e) by e-mail: before 4.00pm on the first working day after dispatch’

The

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