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Electronic Signatures Since 1869? Why Are You Still Waiting?

By
Real Estate Agent with DocuSign

Why Are you Waiting?We hear all the time from our clients that once they try DocuSign they can't imagine not using it in their business. Which always leads us to wonder why real estate agents would choose to continue getting signatures the old fashion way.

Being out in the real estate industry and meeting all kinds of people, we have heard a number of reasons why agents still hesitate in adopting electronic signatures for their business. Most people understand that using electronic signatures will:

But still some people have yet to upgrade their business and allow their clients the chance to get top notch service. Why is this? Why, even though electronic signatures have been enforceable since 1869 (yep...even that far back) have some real estate agents failed to adopt this technology in their business?

OK, granted, in 1869 we are talking about the enforceability of telegraphic messages as electronic signatures via morse code, but the idea of electronic signatures as a valid way of enforcing contracts has been supported by courts for over 140 years. So let's look at a few reasons that we still hear about why agents have yet to adopt them in their business.

I have to pay for it:

Yes and no. In fact, DocuSign offers a 30-day truly free trial of our electronic signature program. We allow agents unlimited use of electronic signatures for one month with no obligation (read = no credit card required!). For others doing a higher volume of business and don't need the test drive, it makes sense to get the DocuSign REALTOR Professional Edition. For only $14.99 (based on a yearly subscription) a month you can send as many documents as you want.

The flip side of you have to pay for it, is you get to stop paying for other things. Dedicated fax line? You could probably get rid of that. Paying how much for printer ink each month? That cost will be reduced. The most important place you save money would be in the time you save each month. Time is money and DocuSign will definitely save you time each month chasing signatures and stalking fax machines.

We've all heard that anything worth having is worth paying for, but even if you choose not to pay for it, you should still be able to get the benefits of electronic signatures.

My clients might not understand how to use it:

Hogwash! They will need to know how to turn on their computer. But assuming they can do that, and assuming they can use email, signing documents with DocuSign is a breeze. In some cases, they wouldn't even need to turn on their computer. DocuSign works on mobile devices as well.

Have you ever sent a contract to someone via fax and had them return the document missing a signature here or there? If you've been selling real estate for any amount of time, the answer is of course "yes!". DocuSign takes care of that by allowing you to clearly note for your client the exact spot where their signature is required. No more sticky notes! (which of course you could only add if you deliver the documents in person......if you're using fax, there is no way to let them know exactly where to sign).

Some Banks Will Not Take Them:

Yes, some banks still don't take electronic signatures. The archaic structure at the big banks makes catching up with technology a process. It's a process, however, that DocuSign is pushing along.

When we are talking about big banks, what we are really talking about is the underwriters at these banks. Some banks will take them and some will not.

The federal government has already determined that electronic signatures are in fact legally binding. In 2000, the U.S. Electronic Signatures in Global and National Commerce (ESIGN) Act established electronic records and signatures as legally binding, having the same legal effects as traditional paper documents and handwritten signatures.

Last year the Federal Housing Authority (FHA) announced that they are accepting electronic signatures. It is only a matter of time before the big banks realize that their customers are demanding that these legally enforceable signatures are in fact valid and DocuSign will be there leading the way in getting big banks to accept what the federal government has already said is legal.

Here are some resources that you can use when dealing with bank underwriters that don't want to accept electronic signatures.


DocuSign

Comments(10)

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Francine Viola
Coldwell Banker Evergreen Olympic Realty, Olympia WA - Olympia, WA
REALTORĀ®, In Tune with your Real Estate Needs

Terrific information, and thank you for the link about what we can do when we encounter underwriters who don't want to accept e-signatures!  And I love your title - I thought the year was a typo!  I think that fact alone should convince the banks to take e-signatures!

Nov 20, 2011 01:25 PM
Margaret Woda
Long & Foster Real Estate, Inc. - Crofton, MD
Maryland Real Estate & Military Relocation

My company uses a different product, but I can definitely attest to the convenience of e-signatures!  I've only been using this option for about a month, but I LOVE IT!  So handy even for adding initials that were overlooked in the initial contract signing, or agreeing to post-contract documents such as the home inspection addendum, not to mention doing business long-distance with military owners who aren't local.

Nov 21, 2011 12:03 AM
CHRIS CARTER
TJC Mortgage, Inc. - Birmingham, AL

We too use a different product, but we love electronic signatures and so do the borrower's!  In the mortgage business, most investors don't have any problems with them.

Nov 21, 2011 03:59 AM
Lance Steffek
Re/Max Paradise - Orange Beach, AL
Why not? Because your broker will not accept them. No other reason. I think they are great and make it easier on the clients and agents.
Nov 27, 2011 03:59 AM
Ellen Dittman
Watson Realty Corp. - Middleburg, FL
#1 Stop for NE FLA-JAX/OP 904.535.1199 (TEXT OK) r

Great post with good information and links. I do think the big banks should get on board with the green way.

Nov 27, 2011 11:32 PM
Tanya Busch
The Maine Real Estate Network - Auburn, ME
Maine Real Estate

Couldn't agree more! Should have incorporated into my practice earlier.

Dec 02, 2011 11:18 PM
Hal Tennant
HomeTown Lenders - Murfreesboro, TN
Get a Zero Down Mortgage - How to buy a home with no money down

Great Article Suzanne,

I love the speed and ease.

Dec 03, 2011 06:33 AM
Christine Ordze
Royal LePage Benchmark - Calgary, AB
ABR, CCS, ePro

Moving into a paperless society more people and organizations should recognize this tool. thanks!

Dec 03, 2011 12:48 PM
Sheryl Gassman
RE/MAX Lifestyle Realty - Branson West, MO
Your StoneBridge Connection!

OK... I'm convinced - I just need to learn how to use it.  I see there are tutorials on that site also so next week I can join all the "with it" people.  Thanks.

Dec 04, 2011 03:47 AM
Paul Gapski
Berkshire Hathaway / Prudential Ca Realty - El Cajon, CA
619-504-8999,#1 Resource SD Relo
thank you very much for the informative and interesting post. I get so much out of the active rain network.
Jan 31, 2012 03:18 PM