What is Electronic Signature?
An e-signature is any paperless and legally recognized means of entering into a contract, including electronic symbols, sounds, or processes logically associated with a contract. That can include agreements made by email, facsimile or entering your personal identification number into an ATM.
Electronic Signature requires a desktop computer, smart phone, pad or any device with email and access to a web browser. Certain limitations might apply with older devices. Screen size can limit your ability to read and approve a document before signing.
The legal definition for an “electronic-signature” is described in the US federal ESIGN Act of 2000 that defines an e-signature as “an electronic sound, symbol or process, attached to or logically associated with a contract or other record and executed or adopted by a person with the intent to sign the record”.
To qualify as a legal binding e-signature under our legal framework, the e-signature must have the following attributes: The e-signature is an electronic symbol, sound or mark unique to a person, which must be ensured and enforced by the signing system. The e-signature is logically associated with, or affixed to a record. As a result, the signing system managing must be capable of attaching the signature to the document in a manner that ensures the document remains attached to the e-signature and cannot be modified or removed.
The e-signature must be attributable to a person. An electronic record or signature is attributable to a person if it was the act of the person. The process of attribution may be shown in any manner, including a showing of the efficacy of a security procedure applied to determine the identity of the person to which the electronic record or signature was attributed.
The e-signature must clearly show that the person had intent to sign the record. Intent includes the recording of actions taken by signers that demonstrate that they knew and agreed that they were signing, and that they intended to be bound by their e-signature. This can be determined from the context and surrounding circumstances at the time of its creation, execution or adoption, including the party’s agreement, if any, and otherwise as provided by law.
Electronic and digital signatures are just as binding as traditional pen and ink signatures as long as they are executed through a process that clearly establishes intent to sign and ensures all legal elements of proof. Furthermore, e-signatures obtained through DocuSign are compliant with the federal e-signatures in Global and National Commerce Act of 2000 (ESIGN) and the Uniform Electronic Transactions Act (UETA) which has been adopted in Texas. As a result, they are legally binding and backed by a comprehensive audit trail.
For ease, convenience, security, and time savings, we utilize DocuSign‘s integrated Electronic Signature System for listing and selling your home. DocuSign is the most highly recommended vendor endorsed by the Texas Association of Realtors and is increasingly used by participating professional Real Estate Brokers licensed in Texas. We are trained in “e-signature” correct usage.
Notice: This website contains general information about possible legal and financial matters. The information is not advice, and should not be treated as such. You must not rely on the information on this website as an alternative to legal or financial advice from your attorney, accountant or other professional legal services provider. If you have any specific questions about any legal and financial matter you should consult your attorney, accountant or other professional legal services