Lukentel...re your message about email contracts and for everyones interest.
In Qld, the Property Agents and Motor Dealers Act 2000 (PAMDA) does most certainly provide for the emailing of contracts. I have done it on a couple of occasions to interstate and overseas buyers where fax is not an option.
I do prefer fax as it is instantaneous and generally more reliable, however email can be done.
The main points under the legislation are that both the buyer and seller must agree in writing prior to the exchange of documents that the electronic transfer is sufficient (is same for faxing) and there is a specific method of transmitting certain documents together and ensuring that they are received prior to transmitting the next docs and so on.
I would be interested to hear who it was that said otherwise on 4bc...documents sent in this method are also provided for under the Electronic Transactions (Queensland) Act in terms of keeping copies etc. I have my suspicions as there are a couple of people out there trying to change the way Qld operates in terms of contract preparation at the moment.
There are also opportunites under PAMDA to make corrections to errors in procedures if documents have been sent incorrectly.
hope this clears it up... have included the PAMDA section allowing email below...
cheers
UC
365 When parties are bound under a relevant contract
(1) The buyer and the seller under a relevant contract are bound
by the relevant contract when—
(a) for a relevant contract, other than a relevant contract
relating to a unit sale—the buyer or the buyer’s agent
receives the warning statement and the relevant contract
from the seller or the seller’s agent in a way mentioned
in subsection (2); or
s 365 286 s 365
Property Agents and Motor Dealers Act 2000
(b) for a relevant contract relating to a unit sale—the buyer
or the buyer’s agent receives the warning statement, the
information sheet and the relevant contract in a way
mentioned in subsection (2A).
Note—
See the Electronic Transactions (Queensland) Act 2001, section 11 for a
requirement about consent and section 24 for rules about when an
electronic communication is received.
(2) For a relevant contract...the ways are—
(a)...
(b) by electronic communication other than fax, if the
electronic communication contains—
(i) a message that includes a clear statement directing
the attention of the buyer or the buyer’s agent to
the warning statement and the relevant contract;
and
(ii) a single document, consisting only of the warning
statement and the relevant contract, that is
protected against unauthorised change, with the
warning statement appearing as the first or top
page of the document; and
Example of electronic communication—
• email
etc