Quote:
Originally Posted by McLovin
That highlighted section is only a definition of a general “notice,” not specifically a “written notice.”
It says that a person can be deemed to have received a general “notice” of a fact if he has actual knowledge of it, or received verbal notice of it, but it does not say that such person will be deemed to have received “WRITTEN notice.”
In the OP’s case, written notice is specifically required by the contract.
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For VA at least it appears Notice encompasses Written Notice.
"Notice" means notice given in writing.....
But it seems Written is not a requirement to satisfy Notice.
A person "notifies" or "gives" a notice or notification to another by taking steps reasonably calculated to inform another person whether or not the other person actually comes to know of it.
Notice not Written creates additional burden of proof for the entity giving notice which if they can prove still constitutes valid Notice.
If notice is given that is not in writing, the person giving the notice has the burden of proof to show that the notice was given to the recipient of the notice.
But that's VA.
And my comment was mostly to reinforce OP should make sure he does his due diligence in AZ if he does decide to reach out before the Option expires because as others have noted, he may just make things harder on himself.