Legal Question in Real Estate Law in California

I own a vacation rental and have been advised to only accept rental agreements returned through fax, as the signatures are only legal through faxes, not scanned documents. Is this true? Several of the people I deal with only own scanners, not fax machines making this challenging. Please advise!


Asked on 9/10/09, 9:32 am

1 Answer from Attorneys
Bryan Whipple Bryan R. R. Whipple, Attorney at Law

Both FAXed and scanned documents can be filed with state courts, and some federal courts require most documents to be filed electronically. I'd say scanning is at least the equivalent of FAXing, and perhaps in some respects preferable. The electronic commerce laws do not make a distinction, as least insofar as I recall. Lawyers rely on scanned signatures all the time.

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Answered on 9/10/09, 11:42 am


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