tablet pc's? go paperless 32 posts by 5 users

Posted: 09/04/2008 at 11:27PM

for awhile now i have had my tablet pc. i bought it so that i could use the digitizer pen for people to sign my contracts once i started getting into the investing game. I finally figured out how to do it i am so excited :) this will truly make it easier for me i think. who else has tablet pc's out there?

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Taz

Real Estate Investor
North of Atlanta, Georgia

Posted: 09/05/2008 at 10:46AM

I hope you realize signatures captured that way are not recognized by the courts. To file and enforce contracts and documents you must have a document with an original signature.

TheInnerCircle

Real Estate Broker
21 Counties In The Great State Of, NJ

http://realestate.about.com/od/representationagency/tp/esign_act.htm#

Posted: 09/05/2008 at 11:19AM

Taz is wrong, see here:

I hope to be instituting this in my licensed sales work as well as my investment career. My REO clients primarily utilize email, pdf, & internet portals. Electronic signatures are common in CA. They have had whole paperless closings there (mortgage, title, & real estate). VREO is a company that specializes in this market. If this was not legally binding I wnder why they do so well.

Good luck with your career, & keep us posted on your success with the setup.

Jason A.

Real Estate Investor
Avondale, AZ

Posted: 09/05/2008 at 12:16PM

Hahah glengary glen ross love that movie, second prize.....a set of stake knives hahah. Have you started implimenting the esigs? I hear agents are using adobe acrobat and a program called pdf annotator to have them sign the paperwork

TheInnerCircle

Real Estate Broker
21 Counties In The Great State Of, NJ

Posted: 09/05/2008 at 12:24PM

Jason, you got good taste. I'll tell Mitch and Murray to send you the good leads. ;)

On a serious note, all my listings are signed in PDF using acrobat. All my contracts are agent executed using the same. I love it and want to expand it outside my REO deals.

Jason A.

Real Estate Investor
Avondale, AZ

Posted: 09/05/2008 at 12:39PM

Hey would you mind pm'ing me on how you accomplish that? I've tried to jus use acrobat reader and but it seems I have to make a signature for every person as opposed to jus using my tablet stylus pen.

Taz

Real Estate Investor
North of Atlanta, Georgia

Posted: 09/05/2008 at 12:44PM

Originally posted by TheInnerCircle

Taz is wrong, see here:

http://realestate.about.com/od/representationagency/tp/esign_act.htm#

You need to read the act and actually talk to companies implementing eSignatures.

Capturing a signature on the LCD screen of your laptop does not meet the standards required in the 2000 law.

I urge you to talk to a lawyer, preferably the one you would use to enforce, or more to the point, defend these contracts.

TheInnerCircle

Real Estate Broker
21 Counties In The Great State Of, NJ

Posted: 09/05/2008 at 12:46PM

I'll post here over PM to make it easier for others with your question.

I have Adobe Acrobat 8 Pro. When I have the signature line on my screen in a given PDF, I got to the menu at the top.

Tools-->Comment & Markup-->Pencil Tool

Then I just sign holding the left click on mouse and manipulating it like a pen to sign on the line. A stylus would make it easier though. After I save the PDF, you have to print it to a new pdf using Distiller. That last step is so those not in version 8 can see the newly signed signature.

Jason A.

Real Estate Investor
Avondale, AZ

Posted: 09/05/2008 at 12:50PM

Alright taz thanks for the info I'll make sure to check the law in arizona jus to cover myself

Jason A.

Real Estate Investor
Avondale, AZ

Posted: 09/05/2008 at 12:53PM

Sweet thanks bro I'll check out your instructions when I get home and let you know if I have any problems :)

TheInnerCircle

Real Estate Broker
21 Counties In The Great State Of, NJ

Posted: 09/05/2008 at 12:53PM

Taz,

Legally, anyone can raise an objection to anything. Ive seen lenders lose their interest in properties where the homeowner makes a windfall, and it was all legit in court. That was with inked sigs, so the real problem with the legal questions here really boils down to good old CYA.

The article states here:
___________________________
4. Legal certainty and protection
Businesses that implememt procedures for complying with sections of the ESIGN Act have some assurance that they have obtained consent and provided electronic documents in a manner sufficient to make the electronic transactions legaly valid.
In addition, they obtain information to show that the record they provided could be accessed by the consumer. As a result, the consumer consent provision may protect e-commerce businesses from baseless legal claims by providing an electronic or paper document trail of the transaction when disclosures or other records are provided electronically to consumers.
___________________________

Your original comment was that the contract cannot be enforced in court when in fact it can. Its the actual recording at present where issues still lie.

Taz

Real Estate Investor
North of Atlanta, Georgia

Posted: 09/05/2008 at 12:57PM

Actually, I was referring to the way he is capturing the signature rendering the document unenforceable. Not questioning eSignatures which I use on a daily basis.

Sorry if it was unclear.

Taz

Real Estate Investor
North of Atlanta, Georgia

Posted: 09/05/2008 at 01:15PM

No, I use a third party intermediary that guarantees the requirements of the 2000 law are met.

Jason A.

Real Estate Investor
Avondale, AZ

Posted: 09/05/2008 at 01:18PM

If you don't mind me asking what would that be

TheInnerCircle

Real Estate Broker
21 Counties In The Great State Of, NJ

Posted: 09/05/2008 at 01:18PM

Please elaborate. I would love to be schooled. Im still learning too. Information sharing makes us all better equipped to ensure solid CYA. Thanks Taz.

Taz

Real Estate Investor
North of Atlanta, Georgia

Posted: 09/05/2008 at 02:22PM

I signed us up with DocuSign because we can use any document at any time.

We only use it capture signatures. We don't use the fill-in-the-blank features because we use other document assembly software.

We have seen the process upheld in court. DocuSign took care of that part by proving to the court their process met the standards required. The challenge to the contracts was vacated with prejudice.

TheInnerCircle

Real Estate Broker
21 Counties In The Great State Of, NJ

Posted: 09/05/2008 at 02:29PM

Very cool. Thanks for the reply. Nice to know DocuSign is a trustworthy partner in our line of work. Never know when you are gonna be baptized by fire so to speak in this fluidly changing market. Good stuff Taz.

Jason A.

Real Estate Investor
Avondale, AZ

Posted: 09/05/2008 at 07:56PM

So i just found another alternative for docusign and it is by vreo: Real Estate Dashboard. the software looks pretty user friendly i think i might give it a go. One thing i have read was for example your client needs to sign a contract and is not in front of you, you can create your document and send it to your client to sign using docusign (correct me if im wrong taz), however if you tried to do the same thing with RE dashboard in order for them to sign it they would need either a tablet pc or a signature pad. I have contacted Vreo about this and they told me that in the near future they will have the option to esign it online through any browser.

Eddie A.

Residential Real Estate Agent
Mesa, Arizona

29 posts

Posted: 09/07/2008 at 10:38AM

Just quickly. I have completed many a real estate transaction with not having a inked signature from both parties. When closing the signatures have to be inked and verified by the notary. Just a thought.

TheInnerCircle

Real Estate Broker
21 Counties In The Great State Of, NJ