Legal Question in Real Estate Law in New Jersey

Is a real estate contract for sale/rental that is electronically signed via an online service such as dotloop.com as valid as a paper document personally signed?


Asked on 12/27/12, 5:44 pm

1 Answer from Attorneys

Miriam Jacobson Retired from practice of law

According to the terms of that site:

23. ELECTRONIC SIGNATURE CONSENT

Before dotloop can accept your personal information and allow you to sign and submit documents electronically, you should be aware of the following information and must affirmatively agree to the following:

1. Your responses to all questions throughout either electronic process will be recorded and made part of your electronically signed documents.

2. As part of the use of electronic signatures, you will be required to create a log-in and password for future use, consisting of your unique username and a password specifically chosen by you. You must keep your password confidential as it can be used to electronically sign additional documents.

3. You can return to our website at any time (using your login information) to review, save, and print the documents you signed electronically.

4. You have read and agree with the verification and security procedures (�Privacy Policy�) adopted by dotloop and the Terms & Conditions set forth above.

By signing up for a dotloop account and using our services, you acknowledge and agree to all of the following:

I have read and understood the foregoing;

I agree that my electronic signature is the equivalent of a manual signature and that dotloop may rely on it as such in connection with any and all agreements I may enter into using dotloop and any documents I electronically sign using dotloop;

I acknowledge and agree that it is my obligation to immediately advise dotloop of any change in my electronic address (i.e., email address);

I acknowledge and agree that it is my obligation to immediately advise dotloop in the event that I withdraw my consent to use electronic means for use of Services;

I agree to the dotloop Terms & Conditions set forth above;

I acknowledge and agree that the various security and verification procedures adopted by dotloop in their Privacy Policy, set forth below, in connection with the documents that I will affix my electronic signature constitute reasonable and secure security procedures;

I acknowledge and agree that in the event that any person known to me (whether it be a family member, member of my household, or otherwise) misappropriates any of the security devices connected with my dotloop login/electronic signature account and such misappropriation could not reasonably be detected by dotloop, dotloop shall have the right to treat all resulting electronic signatures as though they were affixed by me.

You probably had to agree to those terms.

Check with your lawyer and your Realtor as to whether NJ law recognizes electronic signatures for real estate contracts.

THIS RESPONSE IS NOT LEGAL ADVICE, SINCE I DO NOT HAVE ALL OF THE INFORMATION THAT WOULD BE REQUIRED, AND I DO NOT HAVE A REPRESENTATION AGREEMENT WITH YOU.

* If the answers to your question confirm that you have a valid issue or worthwhile claim, your next step should almost always be to establish a dialog with a lawyer who can provide specific advice to you. Contact a lawyer in your county or township.

* Another reason for contacting a lawyer is that it is often impossible to give a good answer in the Internet Q&A format without having more information. The unique circumstances of your situation and things that you may not have thought to mention in your question may completely change the answer. If you want to be sure that you have a complete answer to your question and an understanding of what that answer means, establish a connection with a lawyer who practices in the area of your concern.

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Answered on 12/30/12, 10:27 am


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