E Signature Presentation

lectronic Signatures and Two Surprise Guestslectronic Signatures and Two Surprise GuestsEEKevin Boer

Domus Consulting Groupkevin@DomusConsultingGroup.com

650.387.2860

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USAGE AND DISCLAIMERS

•The real estate world has given me much, and I’m always happy to return the favor. If you find this presentation at all helpful, please email me at kevin@domusconsultinggroup.com so I have an idea where it’s been. If you want to use this presentation in public or tweak it, go ahead; all I ask is that you at least mention my efforts – e.g. “Presentation by Agent Annie, based partly on the work of Kevin Boer.”

•I am not a lawyer and in no way is this document intended as a legal perspective on electronic signatures in general, or on electronic signatures in real estate transactions in particular. If you would like to use electronic signatures in your real estate business, you need to start by doing your own research to find out – If it’s legally binding for real estate transactions in your jurisdiction– If you, your clients, and everybody else involved in the transaction is

comfortable with electronic signatures.•Though this presentation mentions Docusign, this is not an endorsement for their

particular electronic signature package. I am not employed by Docusign.•I take no responsibility for anything that might happen as a result of you using

electronic signatures. If you decide to try them out, and the technology happens not to be working when you need it, and as a result you lose a deal…I’m sorry, I feel your pain…but I cannot take responsibility.

•Enough said…

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TOPICS

? What are electronic signatures?

? What are the benefits?

? What are the legalities in California?

? How do they work? (demos)

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WHAT ARE ELECTRONIC SIGNATURES?

Signatures in generalLayman’s definition: “An action a person performs to show consent to something”Examples

Writing your traditional “wet signature”Pressing your fingerprint

Marking an “X”

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WHAT ARE ELECTRONIC SIGNATURES?

Electronic signatures in particularLayman’s definition: “An electronic action a person performs to show consent to something”

Some examples

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WHAT ARE ELECTRONIC SIGNATURES? (SAMPLE)

Clicking “Place your order” on Amazon.com

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WHAT ARE ELECTRONIC SIGNATURES? (SAMPLE)

Clicking “Pay” on your online bank’s site

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WHAT ARE ELECTRONIC SIGNATURES? (SAMPLE)

Clicking “I accept” when signing up for an email account

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WHAT ARE ELECTRONIC SIGNATURES? (SAMPLE)

Signing for a delivery

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WHAT ARE ELECTRONIC SIGNATURES? (SAMPLE)

Signing a document with Docusign

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TOPICS

? What are electronic signatures?

? What are the benefits?

? What are the legalities in California?

? How do they work? (demos)

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WHAT ARE THE BENEFITS FOR YOU AS A REALTOR?

1) Save an enormous amount of timeHow we traditionally do contracts…

Me

My client

The other realtor

The other realtor’s client

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WHAT ARE THE BENEFITS FOR YOU AS A REALTOR?

…and this is what we end up with…

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WHAT ARE THE BENEFITS FOR YOU AS A REALTOR?

1) Save an enormous amount of timeHow electronic contracts are done…

Me

My client

The other realtor

The other realtor’s client

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WHAT ARE THE BENEFITS FOR YOU AS A REALTOR?

…and this is what you get…

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WHAT ARE THE BENEFITS FOR YOU AS A REALTOR?

3) Keep clear copies of documents

4) Look cool

2) Reduce chances of errors

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WHAT ARE THE BENEFITS FOR YOUR CLIENTS?

Reduce frustration

Simplify process

Save time – lots and lots and lots of it

Feel cool

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TOPICS

? What are electronic signatures?

? What are the benefits?

? What are the legalities in California?

? How do they work? (demos)

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What are the legalities in California? – VALIDITY AND ENFORCEABILITY

“No signature, contract, or record relating to a transaction can be denied legal validity or enforceability solely because it is in an electronic format, or solely because an electronic signature or electronic record was used in its formation”

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What are the legalities in California? -- CONSENT

•Consent of the parties is required in order to perform an electronic contract

•No person can be required to perform an electronic contract

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What are the legalities in California? – EXCEPTIONS

•Excluded real estate transactions– Evictions– Foreclosures– Termination of utility services– Seller financing disclosures– A few others

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TOPICS

? What are electronic signatures?

? What are the benefits?

? What are the legalities in California?

? How do they work?

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HOW DO THEY WORK?

From your electronic forms providerPRDSFORMS.COMWINFORMS.COM

What you do

Create an electronic document

Or scan in a paper document

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HOW DO THEY WORK? (SCREENSHOT)

Online form

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HOW DO THEY WORK? (SCREENSHOT)

Scanned form

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HOW DO THEY WORK?

•Then, “print” to Docusign

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HOW DO THEY WORK?

•Then, define who the signatories are

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HOW DO THEY WORK?

•Then, define the identity verification method…

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HOW DO THEY WORK?

•Then, drag the signature “stickies” to the appropriate places

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HOW DO THEY WORK?

•Then, send it to your client

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HOW DO THEY WORK?

•What your client does…–Open the document

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HOW DO THEY WORK?

•What your client does…–Sign where indicated by clicking the mouse

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HOW DO THEY WORK?

•What your client does…–Return the signed copy to you

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HOW DO THEY WORK?

•What you do…–Open the document

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HOW DO THEY WORK?

•Here’s what the signatures look like

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HOW DO THEY WORK?

•Forward/print it out