Legal Question in Civil Litigation in California

Re: Faxed Signature

Most people do not understand that a contract is an agreement that, unless regulated by a special code section, is binding whether it is oral or written, whether they have your original signature or a faxed copy. They have confused it with how strong it is as evidence; written agreement clearly are easier to prove than oral ones. A faxed copy of your signature is fine; tell them you will send another copy in the mail with an original signature on it.

Re: Faxed Signature

The answer depends upon what the document is and what it says.

Under California law, faxed signatures are usually as valid as the original, handwritten signature. Some contracts, however, specifically state that faxed signatures will not be accepted. Parties are allowed to write such contract terms and courts will enforce the signature requirement as set forth in the contract.

Also, the laws of other states and other countries may be less tolerant of faxed signatures than are the laws here in California. If you are signing a document subject to the laws of another jurisdiction then it must meet that jurisdiction's requirements, even if you sign it in California and even if California's requirements are different.