Ed Neuhaus 
Fax is dead. Email is in. That’s the short version of SB 38’s impact on notice delivery in Texas real estate transactions.
But like everything in real estate, the details matter. You can’t just fire off an email and assume you’ve properly delivered notice. There are requirements. Documentation matters. Getting it wrong can cost you.
A quick note: I’m not your broker (yet), and this isn’t legal advice. Always verify with your sponsoring broker and TREC directly before making changes to your practice. That said, if your broker isn’t walking you through this stuff, you might want to ask yourself why.
Lets talk about what SB 38 changed and how to use email notice correctly.
What SB 38 Changed About Notice Delivery
Senate Bill 38 modernized how notices can be delivered in Texas real estate and property transactions. Effective January 1, 2026, email is now explicitly permitted as a notice delivery method if the parties agree to it in writing.
At the same time, fax was removed as a standard communication option from TREC and TXR forms. The forms now reflect how people actually communicate in 2026, not 1996.
This applies to contract notices, and it’s also relevant to the new eviction procedures under SB 38 for landlord-tenant situations.
The “Agreement in Writing” Requirement
Here’s where agents mess this up. Email isn’t automatically acceptable just because the law now permits it. The parties have to agree in writing that notices can be delivered by email.
What counts as agreeing in writing?
- Checking a box in the contract that authorizes email delivery
- A separate written acknowledgment of email as acceptable
- Language in the buyer representation agreement or listing agreement
What doesn’t count?
- Assuming email is fine because “everyone uses email”
- Having exchanged emails during the transaction
- The other party having provided their email address
The distinction matters. Providing an email address for communication is not the same as consenting to receive legal notices via email.
Documenting Email Notice
If you’re delivering notice by email, document it properly.
Use Read Receipts
Request a read receipt. It’s not foolproof, but it creates evidence the email was opened. Some people block read receipts, but request them anyway.
Keep Records
Save a copy of the email, including headers showing the date and time sent. Save any delivery confirmation or read receipt. Screenshot if necessary.
Follow Up
If you’re delivering time-sensitive notice, don’t just email and hope. Follow up to confirm receipt. Document that confirmation.
Have a Backup Method
For critical notices, consider using multiple delivery methods. Email plus hand-delivery. Email plus certified mail. If delivery is ever questioned, having multiple methods protects you.
When Email Might NOT Be Wise
Just because you can use email doesn’t always mean you should. Consider these situations.
Disputed Matters
If the transaction is going sideways and there’s potential for legal action, be more careful about notice delivery. Email can be claimed as undelivered or missed. Certified mail with return receipt creates stronger proof.
Termination Notices
Terminating a contract or agreement is serious. While email might be technically acceptable if agreed to, hand-delivery or certified mail creates cleaner documentation.
Eviction Notices
SB 38 does allow electronic delivery of eviction notices under certain circumstances, but this is an area where documentation matters enormously. Tenants can claim they didn’t receive email notices, and courts may be skeptical. Traditional service methods may be safer for evictions.
When You Can’t Verify Receipt
If you’re not getting responses, read receipts, or any confirmation that your emails are being received, don’t rely solely on email. Use backup methods.
The Workflow at Neuhaus Realty Group
Here’s how our team handles electronic notice delivery.
Get Written Consent Early
During initial documentation (buyer rep agreement or listing agreement), we include clear language authorizing email delivery of notices. The consent is documented before we need it.
Use Professional Email Systems
We don’t send notices from personal Gmail accounts. We use brokerage email systems that maintain delivery logs and allow for read receipts.
Document Everything
Every notice sent gets logged in our transaction management system. Email, time sent, any delivery confirmation, any responses. If there’s ever a question about whether notice was delivered, we have records.
Know When to Escalate
Our agents know that for serious matters, email alone isn’t enough. Termination notices, demands, anything that could end up in a dispute gets multiple delivery methods.
Connection to Eviction Law Changes
SB 38 also significantly changed eviction procedures in Texas, creating a faster “rocket docket” for landlords. Electronic notice delivery is part of that broader modernization.
If you work with investor clients or landlords, understanding the full scope of SB 38’s eviction changes is important. The notice delivery rules apply there too.
Ed’s Take
Email notice makes sense. It’s how business gets done. But I’ve seen agents get sloppy with documentation because email feels casual.
Legal notices aren’t casual. Whether you’re notifying a buyer about termination options, informing a seller about an extension, or communicating anything with contractual consequences, treat it seriously.
Get the written consent. Use professional systems. Document delivery. Have backup methods for serious matters.
The agents who treat email notice professionally will be fine. The agents who send quick emails without documentation and then can’t prove delivery will eventually have problems.
Questions?
Notice delivery might seem like a small detail, but transactions can turn on whether notice was properly delivered. Getting it right protects you and your clients.
Have questions about setting up proper notice delivery procedures? Reach out to me. I’m happy to share what works for our team, even if you’re not one of my agents. Yet.
