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Committee explores modernizing notice rules — email, text and hyperlinks

Texas Real Estate Commission Broker-Lawyer Committee · July 10, 2026

Summary

Members questioned whether the 'mailbox rule' remains appropriate and whether email, text messages, or hyperlinks to third‑party documents should be treated as effective delivery. A notice subcommittee will draft options to clarify how and when electronic deliveries count as received.

The committee reviewed whether contract notice rules should be revised to reflect modern electronic practice. Historically the standard relied on proven delivery methods and the old "mailbox rule" (effective when sent); members asked whether that should be replaced by a 'received' standard for electronic transmissions and whether text messaging should be expressly allowed as notice.

Members noted practical issues: text is widely used but often informal and not archived unless routed through broker systems; hyperlinks to hosted HOA or title documents (Qualia or similar portals) are common but raise questions about whether a link equals delivery if a recipient never clicks. The committee asked the notice working group to produce draft language specifying acceptable electronic channels (email, secure portal links, archived texts) and to recommend default rules for 'effective' delivery and for changing notice addresses.

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