Quick Primer on the DEDA

September 18th, 2023 at 2:30 pm

What is a DEDA?
A DEDA or “Designated Electronic Delivery Address” is a specially designated email address (and/or texting phone number) of a real estate agent involved in a sales transaction under C.A.R.’s Residential Purchase Agreement (RPA). When agents voluntarily check their own “DEDA” checkbox, any RPA-related documents from the other side of the transaction shall be deemed delivered when such documents are sent to that DEDA (see paragraph 25K of the RPA). As an example, let’s say that a buyer’s agent checks the box agreeing that his or her own email address will be used as a DEDA. In that case, an RPA-related document (such as notices, disclosures, and reports) that the listing agent emails to that DEDA shall be deemed delivered to the buyer’s agent when the listing agent sends the email, regardless of whether or when that buyer’s agent actually receives the email. 

Where is the DEDA box?
The DEDA box is in the Real Estate Brokers Section on page 16 of the RPA. It is below each agent’s name and contact information.

What if there’s no DEDA?
If the real estate agents involved in a sales transaction have no DEDAs, delivery of an RPA-related document shall occur upon “personal receipt” by the recipient or the recipient’s agent indicated in the Real Estate Brokers Section on page 16 of the RPA (see paragraph 25K of the RPA). “Personal receipt” means that the document is in the possession of the recipient or recipient’s agent (see paragraph 25K).

Should I Check My Own DEDA Box?
You can if you are confident that you will have no issues receiving RPA-related documents sent to you by email (or text if applicable). You should be able to closely monitor your own email inbox, including any junk or spam folders. Some buyers’ agents believe that they make their buyer’s offer look better if they check their own DEDA box. That’s because, with a DEDA for the buyer’s agent, the listing agent will not need to worry about verifying “personal receipt” by the buyer’s agent (as discussed above).

Should a Buyer’s Agent Check the Listing Agent’s DEDA Box?
The answer is “no.” The RPA specifically states that the listing agent’s DEDA box on page 16 of the RPA must be “filled out by Seller’s Agent,” not the buyer’s agent. That said, listing agents must be vigilant when reviewing offers to make sure that the buyer’s agent did not check the listing agent’s DEDA box, as some buyers’ agents have been known to do.

Stay Tuned Next Week: As the listing agent, what should you do when the buyer’s agent sends over a stand-alone DEDA form?

-Thank You to Mike Metzger and Sami Tarrab (Calabasas Office) for suggesting this week’s legal tip!

Copyright© 2023 Berkshire Hathaway HomeServices California Properties (BHHSCP). All rights reserved. Any unauthorized reproduction or use of this material is strictly prohibited. This information is believed to be accurate as of September 18, 2023. It is not intended as a substitute for legal advice in individual situations, and is not intended to nor does it create a standard of care for real estate professionals. Written by Stella Ling, Esq.

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