Legal Question in Business Law in California

Re: Faxs

Legal for what purpose, i.e., what do you mean by "legal"?

If you are asking whether an agreement sent via fax can be binding the answer is likely yes. A letter sent via fax is likely going to have the same effect if not more so than one sent via mail.

However, the context is important to understand what you are really asking.

Caleb

Re: Faxs

People often use the term "legal document" as if it means something. It doesn't. There is no category of documents which are "legal" or which are not.

A document's legal effect (if any) depends upon what it says and the context in which it is used. Whether it arrived by fax is usually irrelevant.

Re: Faxs

I am not sure that it is possible to answer question without more information or without knowing what you mean by a "legal document". Legally binding? Legally enforceable? What type of document? There is legislation in many states governing use and validity of "electronic" signatures, but more information is necessary.

I once litigated a case where the client had loaned someone $50,000 and the borrower signed a fax copy of the promissory note and returned the signature via fax. The borrower refused to return the original signature and then adopted that it wasn't binding because it was a fax copy.

The trial court disagreed and awarded a judgment of $50,000 plus interest, court costs and LOTS of attorney's fees.

Re: Faxs

See the Electronic Communication Act, 18 U.S.C. section 2510.

Re: Faxs

The list of things that can't be done by FAX is a lot shorter than the list of things that can, as the previous answers point out. Lawyers can now file all kinds of court documents by fax, for example, and fax signatures can bind one in contract. It is still not possible to record deeds or like instruments which are not originals. I believe the Secretary of State still requires an original (pen) signature on incorporation papers.