Legal Question in Real Estate Law in California

Re: Delivery of documents

The normal rule is that the item is deemed delivered when you place it in a U.S. mailbox. However, the deposit receipt or agreement between you and the Buyer might state otherwise. Return receipts are used in order to provide evidence of receipt; delivery, however, is presumed usually if you have placed the item in a U.S. mailbox. Again, your written agreement may have a different rule, so check that first.

Re: Delivery of documents

I don't agree with the prior response; while it is true that there is a "mailbox rule" in the law of contracts that says that an acceptance of an offer is deemed effective when mailed, that has nothing to do with presumptions regarding receipt of mail.

The rule in California is expressed in Evidence Code section 641, which reads as follows:

"A letter correctly addressed and properly mailed is presumed to have been received in the ordinary course of mail."

In order for the presumption to arise, the party relying upon the presumption has the initial burden of proof, i.e. that the letter was correctly addressed, postage affixed, and placed in a mailbox. Then, the burden falls on the party claiming they never got the item to rebut the presumption. Who prevails is a matter of evidence and credibility that would be decided by the jury (or judge in a non-jury trial) if the dispute goes that far.

As for timing and return, the law does not specify any fixed number of days; it could be more or less depending upon distance, etc., and return of the item would of course be strong evidence of its non-delivery.

In real life, the first step in proving mailing is usually to sign a declaration or affidavit of mailing under penalty of perjury. Lawyers (or their staff) do this all the time when serving legal documents on the other side.