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REIQ Journal : October 2008
LEGAL ISSUES 37 Brett Heath, Special Counsel Carter Newell Lawyers The consumer protection provisions of the PAMD Act may be strictly enforced by buyers; Any non-compliance with those provisions by a seller – even if it appears to be a technical non compliance – may be relied upon by a buyer to terminate a contract at any time prior to settlement; The wide consumer protection rights under the PAMD Act may only be waived by the buyer; In circumstances in which the PAMD Act affords the right to terminate at any time up to settlement, it will be very difficult to establish the buyer’s waiver of any non-compliance with the PAMD Act absent an express acknowledgement of the non-compliance and the waiver of all rights attendant upon it; If faxing or electronically transmitting warning statements and proposed contracts, sellers must observe the order in which the PAMD Act requires the material to be sent and, also, must comply with the ETQA, namely securing prior approval for electronic communication and retaining proof of the electronic communication; In cases of the delivery of warning statements and proposed contracts, “attached” means “physically joined”. Buyers are becoming increasingly well informed about their PAMD Act rights, and have been willing to exploit any non-compliance with those rights to pull out of contracts. Therefore, agents must be astute and ensure they comply with the prescriptive requirements of the warning statement provisions, in order to hold buyers to their contracts. Your customers YOUR CUSTOMER are greeted by our friendly receptionists with your company name and custom greeting of your choice. Calls can either be transferred to you or messages taken and emailed /SMS. RECEPTIONIST YOU REIQ Journal October 2008