Does a Purchase/Sale Agreement need to be signed in ink?

Question

This may be a dumb question, because I feel dumb asking it, but can a Purchase/Sale be executed electronically? How does that work?

Lynn McGeein · Answer

We've signed purchase agreements electronically, but only after signing an agency document saying we agree that signing electronically is valid and binding. After that one real signature, everything else was done over the internet. When we used to fax contracts, they always accepted the fax but wanted the original mailed to them as well.

Wayne Brooks · Answer

I try to avoid elctronic signatures, even though they are generally accepted, some banks in short sale transactions will not accept them. Also, the first two I got on a contract, I knew were fake, so I just try to avoid them.

Jason Brooks · Answer

Excellent, Docs are signed and there is a doc signing offering through gmail that was used to complete the signatures. Thanks all for your feedback!

Bill Gulley · Answer

Jon, knows,

Any facsimile or electronic transmission of any signature required shall have the full force and effect as the original signature.

Been done for about twenty years. Then again, if such is presented and the person whos signature appears and they acknowledge the signature in testimony it will apply, an acknowldgement in writing can also be obtained or provided. All states recognize the statute of frauds, that all contracts in real property must be in writing.

State laws concerning facsimile signatures were adopted years ago as Jon mention the antique FAX Machine. :)

David Beard · Answer

Signing, scanning, and emailing is definitely satisfactory. Most high-volume agents will do anything to get away from the signing/scanning to save valuable time, but not that relevant for your immediate situation.

Also, if there turns out to be several initialed revisions through a counter-offer process, it's good practice to create a "clean" final version of the contract at the end of the negotiation and have all parties sign.

Jon Holdman · Answer

I've done electronic contracts, including ones where the signatures are scrawlings with a mouse that bear little resemblance to my real signature. These documents usually contain statements allowing electronic documents. I've also seen specific documents as part of a packet that allow for electronic documents.

There are always fax machines, too.

Jason Brooks · Answer

Sorry you you did say have an agent comment.

Jason Brooks · Answer

Thanks for the reply...I'm thinking they would need to be printed signed scanned and emailed at the very least, or are you saying fedex the signed copies?

David Beard · Answer

Typing your name on a simple email will not be binding, just like a verbal agreement is generally not binding in court for real estate purchase transactions in most (all?) states. Binding electronic signatures use authentication technology, from companies like DocuSign, DotLoop, etc. that are used mainly by agents. Maybe an active agent can comment.

Jason Brooks · Answer

Thanks for the feedback Wayne Woodson. I am just unsure if it is a good idea to type my name on a document and email it and expect that it is a binding document. I guess it's my cautious analytical side coming out, but it doesn't feel right.

Does a Purchase/Sale Agreement need to be signed in ink?

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