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Electronic Signatures Accepted? Yes/No/Maybe

By
Real Estate Technology with Rentec Direct

Have you had to deal with rental application chargebacks? I am not sure how many of you out there accept credit cards but recently we have had a couple of clients who have had credit card charge-backs on their account once the rental applicant was denied.  

Now a days accepting online rental applications is becoming the norm.  If you require rental application fees from your applicant some property management software companies offer payment processing so you may accept the fees online.  If the applicant happens to be denied most applicants are ethical enough to know that the fee they incurred for applying is justified however you will have that ONE that thinks you owe them if they are denied even though most companies have a non-refundable application fee.  So this ONE person decides to dispute the charge with their credit card company as an "unauthorized transaction". 

Once the charge is disputed their credit card company has to do investigate the charge.  They immediately remove the funds from your account and charge YOU a fee.   So what shall YOU do? 

 

1) Challenge the dispute.  You can provide evidence that the transaction was legitimate and the cardholder indeeds owes you.  It is up to the issuing bank to determine if you supplied enough evidence to warrant a reversal. What you might want to add to your dispute is pointing out the "Uniform Electronic Transactions Act" (UETA) and the "Electronic Signatures in Global and National Commerce Acts."  Though these applicants have signed their application and agreed to the fee electronically the credit card companies tend to approve their customers charge-back.  Their argument that I have heard in these couple of cases  is that they want solid true signatures (wet signatures).  Of course I can't speak for ALL credit card companies but this seems to be true for the disputes I am aware of.

 

2) Contact the applicant directly.  Sometimes it could be a honest mistake.  If they continue to argue the fact they do not owe you, you could remind them that the application fee is "non refundable" and you have a right to send them to a collection agency if not paid.

 

3) Collect application fees directly from applicant and get true signatures (wet signatures).  Some property management companies will collect cash, money orders or cashier checks for guaranteed funds.

 

4) Just chalk it up to the cost of doing business.  The majority of people do not dispute the charge but if you have that ONE just be grateful your judgment on not placing them as a tenant has been confirmed.

 

I am still having a little hard time with these disputes.  I don't know how you feel but how many of us go into a store, we swipe our card for purchase and never have to sign.  So if I dispute and they don't have proof of signature then what?  How can this be OK?

 

Have you had to deal with a credit card dispute?

 

Who was the stronger bull?  or Who was the one who was full of bull?

 

Looking forward to reading your comments!

 

----

Kathryn

 

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Comments (10)

John McCormack, CRS
Albuquerque Homes Realty - Albuquerque, NM
Honesty, Integrity, Results, Experienced. HIRE Me!

Good Thursday morning.  Electric signatures are

Electric signatures are the normal in NM real estate.  I can't recall the last time I had a signature in ink.  We do still have buyers take the earnest money via checks to the title company in our area. 

Sep 21, 2016 10:32 PM
Kathryn .

Good Morning John,


I know I think electronic signatures is wonderful tool.  I am currently going through purchasing a home & using E-sigs speeds up the back/forth paperwork 100x for me! =)

Sep 21, 2016 11:32 PM
Roy Kelley
Retired - Gaithersburg, MD

Thank you very much for sharing your experience.

Have a most productive autumn.

Sep 22, 2016 02:21 AM
Kathryn .

You too Roy! 

Sep 22, 2016 02:28 AM
Debe Maxwell, CRS
Savvy + Company (704) 491-3310 - Charlotte, NC
The RIGHT CHARLOTTE REALTOR!

I use Docusign & have never had a dispute. The only "problems" I've had we're teaching clients how to use it & getting clients to trust the technology. Some of my older clients rarely use the internet for much more than reading emails but once I walk them thru it they love it. Works especially well during negotiations when contracts can change multiple times. I can't imagine going back to the "hand delivery" system.

Sep 22, 2016 06:09 AM
Kathryn .

It sure does help on the paper shuffling that is for sure!.  Thank you for commenting Debe enjoy your weekend!

Sep 22, 2016 06:18 AM
Gita Bantwal
RE/MAX Centre Realtors - Warwick, PA
REALTOR,ABR,CRS,SRES,GRI - Bucks County & Philadel

I love the post. I use docusign.

Sep 22, 2016 10:09 AM
Kathryn .

Docusign does help streamline your business that is for sure.

Sep 22, 2016 11:26 PM
Gabe Sanders
Real Estate of Florida specializing in Martin County Residential Homes, Condos and Land Sales - Stuart, FL
Stuart Florida Real Estate

Interesting Kathryn.  I don't accept credit cards so this isn't something I've had to deal with.

Sep 22, 2016 09:30 PM
Kathryn .

Thank you for reading Gabe.  Enjoy your weekend!

Sep 22, 2016 11:27 PM
Robert Vegas Bob Swetz
Las Vegas, NV

Hello Kathryn

Interesting write and I have used them several times even for my own purchases!

Sep 24, 2016 08:50 AM
Kathryn .

I sure like the convenience of electronic sigs.  It is a huge time saver. 

Sep 26, 2016 12:15 AM
Will Hamm
Hamm Homes - Aurora, CO
"Where There's a Will, There's a Way!"

Hello Kathryn S.  Love the picture to start with.  I am so glad that we can do so much on line now, save on gas.

Sep 27, 2016 08:04 AM
Kathryn .

The pic is awesome it is from the Wildlife Animal Park Winston, Oregon


I bet Electronic Paper-signing helps a lot in the RE biz.  So much paperwork!  ugh!

Sep 27, 2016 11:16 PM
Grant Schneider
Performance Development Strategies - Armonk, NY
Your Coach Helping You Create Successful Outcomes

Good Morning Kathryn -  yes this is part of what we deal with.  You laid it out very well and if your steps are following most should be removed.

Sep 28, 2016 08:32 PM
Kathryn .

I always appreciate your comments Grant. Enjoy your day!

Sep 28, 2016 11:35 PM
Evelyn Johnston
Friends & Neighbors Real Estate - Elkhart, IN
The People You Know, Like and Trust!

I have been on the other side of the transaction where people have double or triple billed me and I dispute the overage. And once I made the mistake of buying something online. They disputed my dispute and won. But I am not through yet. I am gathering my docs to do it again.

Sep 30, 2016 12:48 PM
Kathryn .

Oh my goodness!  They won a dispute of over-charges?  Hope that gets resolved soon!

Oct 02, 2016 11:09 PM
Michael J. Perry
KW Elite - Lancaster, PA
Lancaster, PA Relo Specialist

Whenever we get a check , we feel rushed to deposit , before some of these folks stop pmt..

Apr 12, 2017 07:50 AM