Legal Question in Civil Litigation in California

Validity of a Facsimile Signature

Is a facsimile signature just as good as a real signature to a contract?


Asked on 1/08/03, 3:52 pm

2 Answers from Attorneys
Mitchell Roth MW Roth, Professional Law Corporation

Re: Validity of a Facsimile Signature

A signature under California law is any mark adopted by a party as his signature. Therefore the answer is maybe. The best practice to assure validity is to incorporate right in the document a representation that the parties agree that a facsimile signature is valid for all purposes as an orginal signature.

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Answered on 1/08/03, 4:39 pm
Sargis Atanous LAW OFFICE OF SARGIS G. ATANOUS

Re: Validity of a Facsimile Signature

Yes. However, the person introducing the contract (enforcing it) as evidence may have a problem with the "Best Evidence" rule if he/she does not have the original signature document.

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Answered on 1/08/03, 11:47 pm


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