eSignature and eNotarization Laws
Electronic Signatures in Global and National Commerce Act (PDF) State eSignature and eNotarization Laws United Nations Commission on International Trade Law
United Nations Commission on International Trade Law (UNCITRAL) Model Law on Electronic Signatures (PDF) Attorney General Opinions
California (PDF) May county recorders implement electronic recordation of documents in their respective jurisdictions?
New York (PDF) There is a substantial possibility that E-SIGN does not preempt Article 9 of the RPL or otherwise obligate county recording officers to accept for recordation a filing that contains only an electronic signature but lacks what you term an "original signature."
Texas (PDF) Opinion No. GA-0228 Whether a county clerk must accept for recording a paper copy, containing printed images of signatures or a printed image of a notary seal, of an electronic record of a real estate transaction (RQ-0186-GA) Legal Cases
Rosenfeld v. Zerneck The case involved a debate about whether a contract for the sale of real property can be tendered via email. The plaintiffs sent an email message indicating their interest to purchase a property for $3.5 million in cash. The defendant sent a reply email agreeing to the offer and "signed" it by typing his first name. The defendant argued that the email he sent was preliminary and not a firm agreement. The full opinion can be read here. The relevant portions of the opinion are highlighted.
Sea-Land Service, Inc. v. Lozen International Both companies entered into a contract involving the transfer of grapes from Mexico to England. However, Sea-Land's agent put the grapes on the wrong train, the designated cargo ship departed for England before the grapes arrived and Lozen ended up selling the grapes in the U.S. at a lower price. Lozen presented as evidence an admission of a "party opponent" in the form of a Sea-Land company email written by a Sea-Land employee and forwarded to Lozen. The Ninth Circuit Court opinion can be read here. The relevant portions of the opinion are highlighted.
|