Q: Do the new USPS Postmark Rules affect real estate transactions?
A: Yes, REALTORS® should be aware that the United States Postal Service has advised that mail placed in collection boxes or given to carriers may receive a postmark dated later than the actual day the item was deposited—or no postmark at all.
According to the “mailbox rule,” an acceptance of an offer is considered effective when it is placed in the mail, rather than when it is received. In contrast, a revocation of an acceptance is only effective when it is received.
If a postmark is dated several days after a document was mailed, it could raise questions about whether a notice was sent in a timely manner. To ensure that the postmark reflects the date of deposit, the USPS recommends visiting a post office and asking for a manual postmark, which is provided at no charge. Alternatively, you can purchase a Certificate of Mailing.
A delayed postmark can lead to unnecessary disputes or potential liability, even if the sender believed the notice was sent on time.
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Services provided through the Massachusetts Association of REALTORS® is intended for informational purposes and does not constitute legal advice, nor does it establish an attorney-client relationship. The Massachusetts Association of REALTORS®, by providing this service, assumes no actual or implied responsibility for any improper use of responses to questions through this service. The Massachusetts Association of REALTORS® will not be legally responsible for any potential misrepresentations or errors made by providing this service. For more information regarding these topics authorized callers should contact the MAR legal hotline at 800-370-5342 or e-mail at legal@marealtor.com.