sec.102Electronic communication of disclosure documents

### sec.102 Electronic communication of disclosure documents A seller of a lot may give a buyer of the lot the disclosure documents for the lot by giving the buyer a separate physical document (a communication ) stating that— the disclosure documents can be viewed by using an electronic link; and the buyer may ask the seller for a copy of the disclosure documents. Also, if the buyer has consented to the disclosure documents being sent to an electronic address, the seller may give the buyer the disclosure documents by sending an electronic communication (also a communication ) to the electronic address that— attaches the disclosure documents; or includes the content of the disclosure documents; or includes an electronic link that allows the person to view and obtain a copy of the disclosure documents. For subsections (1) (a) and (2) (c) , the buyer is taken to have received the disclosure documents only if, by using the electronic link, the buyer would have been able to view and obtain a copy of the disclosure documents— at the time the communication was given or sent (the sending time ); and for a reasonable period after the sending time. Subsection (3) applies whether or not the buyer used the electronic link. Unless otherwise agreed between the seller of the lot and the buyer of the lot, a communication under subsection (1) or (2) is taken to be received by the buyer— for a physical document— if the communication is given to the buyer personally—when the communication is given to the buyer personally; or if the communication is sent to the buyer by post— 7 business days after the communication was sent unless the actual time the document was received by post is proven; or for an electronic communication— if the communication is sent to the buyer at an electronic address designated by the buyer—when the communication becomes capable of being retrieved by the buyer at the address; or if the communication is sent to the buyer at another electronic address of the buyer—when both of the following are satisfied— the buyer becomes aware that the communication has been sent to the address; the communication becomes capable of being retrieved by the buyer at the address. Unless otherwise agreed between the seller of the lot and the buyer of the lot, an electronic communication is taken to be capable of being retrieved by the buyer at the electronic address of the buyer when the communication reaches the address. Subsection (8) applies if the buyer of a lot is given a communication under subsection (1) and asks the seller of the lot for a copy of the disclosure documents. The seller is taken to have given the buyer the disclosure documents only if, before the contract for the sale of the lot is signed by the buyer, the seller gives the buyer a copy of the disclosure documents in hard copy or electronic form. In this section— consent , to disclosure documents being sent to an electronic address— includes consent that can reasonably be inferred from the conduct of the buyer of the lot; and does not include consent given subject to conditions unless the conditions are complied with. (sec.102-ssec.1) A seller of a lot may give a buyer of the lot the disclosure documents for the lot by giving the buyer a separate physical document (a communication ) stating that— the disclosure documents can be viewed by using an electronic link; and the buyer may ask the seller for a copy of the disclosure documents. (sec.102-ssec.2) Also, if the buyer has consented to the disclosure documents being sent to an electronic address, the seller may give the buyer the disclosure documents by sending an electronic communication (also a communication ) to the electronic address that— attaches the disclosure documents; or includes the content of the disclosure documents; or includes an electronic link that allows the person to view and obtain a copy of the disclosure documents. (sec.102-ssec.3) For subsections (1) (a) and (2) (c) , the buyer is taken to have received the disclosure documents only if, by using the electronic link, the buyer would have been able to view and obtain a copy of the disclosure documents— at the time the communication was given or sent (the sending time ); and for a reasonable period after the sending time. (sec.102-ssec.4) Subsection (3) applies whether or not the buyer used the electronic link. (sec.102-ssec.5) Unless otherwise agreed between the seller of the lot and the buyer of the lot, a communication under subsection (1) or (2) is taken to be received by the buyer— for a physical document— if the communication is given to the buyer personally—when the communication is given to the buyer personally; or if the communication is sent to the buyer by post— 7 business days after the communication was sent unless the actual time the document was received by post is proven; or for an electronic communication— if the communication is sent to the buyer at an electronic address designated by the buyer—when the communication becomes capable of being retrieved by the buyer at the address; or if the communication is sent to the buyer at another electronic address of the buyer—when both of the following are satisfied— the buyer becomes aware that the communication has been sent to the address; the communication becomes capable of being retrieved by the buyer at the address. (sec.102-ssec.6) Unless otherwise agreed between the seller of the lot and the buyer of the lot, an electronic communication is taken to be capable of being retrieved by the buyer at the electronic address of the buyer when the communication reaches the address. (sec.102-ssec.7) Subsection (8) applies if the buyer of a lot is given a communication under subsection (1) and asks the seller of the lot for a copy of the disclosure documents. (sec.102-ssec.8) The seller is taken to have given the buyer the disclosure documents only if, before the contract for the sale of the lot is signed by the buyer, the seller gives the buyer a copy of the disclosure documents in hard copy or electronic form. (sec.102-ssec.9) In this section— consent , to disclosure documents being sent to an electronic address— includes consent that can reasonably be inferred from the conduct of the buyer of the lot; and does not include consent given subject to conditions unless the conditions are complied with. - (a) the disclosure documents can be viewed by using an electronic link; and - (b) the buyer may ask the seller for a copy of the disclosure documents. - (a) attaches the disclosure documents; or - (b) includes the content of the disclosure documents; or - (c) includes an electronic link that allows the person to view and obtain a copy of the disclosure documents. - (a) at the time the communication was given or sent (the sending time ); and - (b) for a reasonable period after the sending time. - (a) for a physical document— (i) if the communication is given to the buyer personally—when the communication is given to the buyer personally; or (ii) if the communication is sent to the buyer by post— 7 business days after the communication was sent unless the actual time the document was received by post is proven; or - (i) if the communication is given to the buyer personally—when the communication is given to the buyer personally; or - (ii) if the communication is sent to the buyer by post— 7 business days after the communication was sent unless the actual time the document was received by post is proven; or - (b) for an electronic communication— (i) if the communication is sent to the buyer at an electronic address designated by the buyer—when the communication becomes capable of being retrieved by the buyer at the address; or (ii) if the communication is sent to the buyer at another electronic address of the buyer—when both of the following are satisfied— (A) the buyer becomes aware that the communication has been sent to the address; (B) the communication becomes capable of being retrieved by the buyer at the address. - (i) if the communication is sent to the buyer at an electronic address designated by the buyer—when the communication becomes capable of being retrieved by the buyer at the address; or - (ii) if the communication is sent to the buyer at another electronic address of the buyer—when both of the following are satisfied— (A) the buyer becomes aware that the communication has been sent to the address; (B) the communication becomes capable of being retrieved by the buyer at the address. - (A) the buyer becomes aware that the communication has been sent to the address; - (B) the communication becomes capable of being retrieved by the buyer at the address. - (i) if the communication is given to the buyer personally—when the communication is given to the buyer personally; or - (ii) if the communication is sent to the buyer by post— 7 business days after the communication was sent unless the actual time the document was received by post is proven; or - (i) if the communication is sent to the buyer at an electronic address designated by the buyer—when the communication becomes capable of being retrieved by the buyer at the address; or - (ii) if the communication is sent to the buyer at another electronic address of the buyer—when both of the following are satisfied— (A) the buyer becomes aware that the communication has been sent to the address; (B) the communication becomes capable of being retrieved by the buyer at the address. - (A) the buyer becomes aware that the communication has been sent to the address; - (B) the communication becomes capable of being retrieved by the buyer at the address. - (A) the buyer becomes aware that the communication has been sent to the address; - (B) the communication becomes capable of being retrieved by the buyer at the address. - (a) includes consent that can reasonably be inferred from the conduct of the buyer of the lot; and - (b) does not include consent given subject to conditions unless the conditions are complied with.