Signatures | Federa Buy/Sell Agreements

Signatures

Where is the buyer's signature?

Great question! In regards to the buyer's signature, Federa Buy/Sell agreements are considered legally binding whether or not they are signed. However, we highly recommend that buyers sign at the time of submitting an offer, or at least promptly after the offer is accepted, to ensure a smooth and timely transaction process. In some cases, sellers may also request a signed copy of the agreement during the negotiation process. Additionally, having a signed agreement can provide added clarity and assurance for all parties involved, including title companies and other stakeholders.

Can I legally present the offer to my client without a buyer's signature?

Yes, you can legally present an offer to your client without a buyer's signature. As mentioned earlier, Federa Buy/Sell agreements are legally binding even without signatures. However, it's important to note that having a signed offer provides more clarity and can avoid any misunderstandings or disputes later on. Additionally, some title companies or other stakeholders may require a signed agreement before proceeding with certain steps, so it's always recommended to have a signed agreement as soon as possible.


How are Federa Contracts a valid agreement of sale without signature?

Under the United States Electronic Signatures in Global and National Commerce Act (ESIGN Act) and the Uniform Electronic Transactions Act (UETA), electronic signatures, including a click-to-accept agreement, are legally binding and enforceable. These laws recognize that electronic signatures have the same legal standing as handwritten signatures and can serve as a valid method of demonstrating agreement to contract terms.

Additionally, the law recognizes that an "electronic sound, symbol, or process attached to or logically associated with a record and executed or adopted by a person with the intent to sign the record" can constitute an electronic signature. This means that a click-to-accept agreement, where a person clicks on a button indicating their acceptance of contract terms, is legally binding and can serve as an electronic signature.

It is important to note that a signature does not necessarily have to be a handwritten signature, and can instead take various forms, such as an electronic signature. Therefore, a click-to-accept agreement can be just as legally binding as a traditional signature on paper.

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