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Legality of Electronic Signatures

Throughout the real estate and escrow process, there are many different documents that need to be signed. Traveling to and from your escrow agents or real estate agents office can be both time consuming and expensive with the current gas prices. Luckily, new technology and laws allow for electronic signatures to be considered legal. This can not only help to save you time and money, but it can help to cut down on wasted paper.

The Electronic Signatures in Global and National Commerce Act, allowed electronic signatures to be considered just as legally binding as hand-written signatures on all document throughout the country. The new law also clarified the authority of the government to be able to hold and create records in a form that is produced electronically.

There is no specific technology that is named in the act that must be used in order for an electronic signature to be legal. This means that the law does not have to be changed whenever a new electronic signature is developed, and does not create a government bias of a certain technology. The only requirements for these electronic signature technologies is that they must have the signature “attached” to the document, and can provide proof that can be used to show the person who signed the electronic document had actual “intent to sign.”

This law does not apply to all legal documents, however. An electronic signature cannot be used to sign adoption papers or a will.

The real estate and escrow business can greatly benefit from the use of electronic signatures, as can both home buyers and sellers. For all of your escrow needs in California, contact Brighton Escrow in Hermosa Beach, California. We can help ease the entire escrow process, not matter if you are buying or selling your home.