E-Sigs, No Not E-Cigarettes, E-Signatures!
Everyone is moving toward the 21st century goal of a paperless real estate transaction.
So, all laws and SCR forms reflect that.
SCR forms require everything in writing and delivered and notice of delivery.
Because SCR forms have a non-reliance clause, SCR recommends that all electronic contractual negotiations be conducted on SCR forms sent one of the following three ways:
(1) Zipforms with Digital Ink signatures/initials/dates/times and sent to the proper notice email address. (Zip Mobile allows finger signing on tablet devices.)
(2) wet ink signatures on Zipform paper printouts then scanned into computer and attached to email and sent to the proper notice email address.
(3) wet ink signatures on Zipforms paper printouts then scanned into a facsimile machine and faxed to the proper notice fax number
SCR does not recommend that REALTORS use text messages to conduct contract negotiations.
SCR does not recommend that REALTORS send emails without the following in their e-signature:
Therefore, you may want to insert some variation of the language below into your email signature:
“Emails sent or received by this real estate licensee shall not constitute any offer or acceptance of contract terms by this real estate licensee and do not bind my Principal(s) unless my electronic communication includes one or more of the following: (1) the necessary Party(ies) electronic signatureor (2) electronic reproduction of the necessary Party(ies) “wet ink” signature or (2) my Principal(s)’s electronic written authorization for this real estate licensee to bind my Principal(s) in contract. Licensee does not have apparent authority to sign for or bind Principal(s) in contract.