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Updated about 13 years ago on . Most recent reply
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Electronic signatures and real estate agreements
I am considering going paperless, which will offer so many advantages to me. However, in order to do it, leases and electronic sigatures is essential. I would like to get tenants to sign my lease on a tablet device with a stylus. My question is regarding its legality.
if the lease is ever contested and a tenant is smart enough to challenge the signature, would it hold up. Is there a way to minimize risks?
Is anyone out there currently doing this or some form of electronic signatures for leasing now?
Thanks for the help
Most Popular Reply
You might also want to check your state business and commerce code just to see what they say about it too. Although it would most likely be inline with the federal e-sign act. At least for TX...
(a) A record or signature may not be denied legal effect or enforceability solely because it is in electronic form.
(b) A contract may not be denied legal effect or enforceability solely because an electronic record was used in its formation.
(c) If a law requires a record to be in writing, an electronic record satisfies the law.
(d) If a law requires a signature, an electronic signature satisfies the law.
After reading portions of the Federal E-sign Act, came across this which I thought would be important to note-
...
(b) Additional Exceptions.--The provisions of section 101 shall not
apply to--
(1) court orders or notices, or official court documents
(including briefs, pleadings, and other writings) required to be
executed in connection with court proceedings;
(2) any notice of--
(A) the cancellation or termination of utility
services (including water, heat, and power);
(B) default, acceleration, repossession,
foreclosure, or eviction, or the right to cure, under a
credit agreement secured by, or a rental agreement for,
a primary residence of an individual;