I did an inspection where the client was not present and I got the Inspection Contract signed via Docusign. The realtor got it Docusigned.
Can a client say that they didn’t sign it? That they have no knowledge of it?
Use www.nachi.org/onlineagreement InterNACHI will go to court on your behalf to testify when the client read and/or signed it.
Electronic document signatures have been legal since 2000 when the President Bill Clinton signed the Electronic Signatures Act into law.
They have been common practice for Real Estate documents ever since.
Thank you for that reply. I guess I’m good. I have never Docusigned myself.
I’ve done a lot of real estate purchase contracts with both Docusign and Dotloop, which is another electronic signature service. Easy to use and legit.
Mike
Actually, the first electronic signature occurred during the civil war when agreements were done via morse code! https://en.wikipedia.org/wiki/Electronic_signature . So yes, it’s most definitely legal!
And when your client says that they don’t recall reading or signing your agreement, what evidence do you have that they did?
A system like Docusign, InterNACHI’s service, website hosting forms, or ISN, records the time the document was sent, when it was opened, and when it was signed. Along with their IP address/location. Mike Casey and several of the insurance companies have already defended cases using ISN’s documentation map of all timed events during a transaction (including the above) and it held up great.
Correct. The most important thing is that you have a THIRD-PARTY to testify that the agreement was opened at a certain time and/or signed at a certain time.
Remember, in law, a verbal contract is even valid. It’s just as valid as a written one! But we don’t use verbal contracts because we can’t prove them. If you can’t prove the contract was read and signed, your electronic signature means little in court.
Better yet have happy clients and serve them well .