lectronic Signatures and Two Surprise Guests E Kevin Boer Domus Consulting Group [email_address] 650.387.2860
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  [email_address]  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…
TOPICS  ? What are electronic signatures? ? What are the benefits? ? What are the legalities in California? ? How do they work? (demos)
WHAT ARE ELECTRONIC SIGNATURES? Signatures in general Layman’s definition:  “An action a person performs to show consent to something” Examples Writing your traditional “wet signature” Pressing your fingerprint Marking an “X”
WHAT ARE ELECTRONIC SIGNATURES? Electronic signatures in particular Layman’s definition:  “An  electronic  action a person performs to show consent to something” Some examples
WHAT ARE ELECTRONIC SIGNATURES? (SAMPLE) Clicking “Place your order” on Amazon.com
WHAT ARE ELECTRONIC SIGNATURES? (SAMPLE) Clicking “Pay” on your online bank’s site
WHAT ARE ELECTRONIC SIGNATURES? (SAMPLE) Clicking “I accept” when signing up for an email account
WHAT ARE ELECTRONIC SIGNATURES? (SAMPLE) Signing for a delivery
WHAT ARE ELECTRONIC SIGNATURES? (SAMPLE) Signing a document with Docusign
TOPICS  ? What are electronic signatures? ? What are the benefits? ? What are the legalities in California? ? How do they work? (demos)
WHAT ARE THE BENEFITS FOR YOU AS A REALTOR? 1) Save an enormous amount of time How we traditionally do contracts… Me My client The other realtor The other realtor’s  client
WHAT ARE THE BENEFITS FOR YOU AS A REALTOR? … and this is what we end up with…
WHAT ARE THE BENEFITS FOR YOU AS A REALTOR? 1) Save an enormous amount of time How electronic contracts are done… Me My client The other realtor The other realtor’s  client
WHAT ARE THE BENEFITS FOR YOU AS A REALTOR? … and this is what you get…
WHAT ARE THE BENEFITS FOR YOU AS A REALTOR? 3) Keep clear copies of documents 4) Look cool 2) Reduce chances of errors
WHAT ARE THE BENEFITS FOR YOUR CLIENTS? Reduce frustration Simplify process Save time – lots and lots and lots of it Feel cool
TOPICS  ? What are electronic signatures? ? What are the benefits? ? What are the legalities in California? ? How do they work? (demos)
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”
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
What are the legalities in California? – EXCEPTIONS  Excluded real estate transactions Evictions Foreclosures Termination of utility services Seller financing disclosures A few others
TOPICS  ? What are electronic signatures? ? What are the benefits? ? What are the legalities in California? ? How do they work?
uestions Q nswers A &
nused U lides S
HOW DO THEY WORK? From your electronic forms provider PRDSFORMS.COM WINFORMS.COM What you do Create an electronic document Or scan in a paper document
HOW DO THEY WORK? (SCREENSHOT) Online form
HOW DO THEY WORK? (SCREENSHOT) Scanned form
HOW DO THEY WORK? Then, “print” to Docusign
HOW DO THEY WORK? Then, define who the signatories are
HOW DO THEY WORK? Then, define the identity verification method…
HOW DO THEY WORK? Then, drag the signature “stickies” to the appropriate places
HOW DO THEY WORK? Then, send it to your client
HOW DO THEY WORK? What your client does… Open the document
HOW DO THEY WORK? What your client does… Sign where indicated by clicking the mouse
HOW DO THEY WORK? What your client does… Return the signed copy to you
HOW DO THEY WORK? What you do… Open the document
HOW DO THEY WORK? Here’s what the signatures look like
HOW DO THEY WORK? Forward/print it out

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E Signature Presentation

  • 1. lectronic Signatures and Two Surprise Guests E Kevin Boer Domus Consulting Group [email_address] 650.387.2860
  • 2. 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 [email_address] 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…
  • 3. TOPICS  ? What are electronic signatures? ? What are the benefits? ? What are the legalities in California? ? How do they work? (demos)
  • 4. WHAT ARE ELECTRONIC SIGNATURES? Signatures in general Layman’s definition: “An action a person performs to show consent to something” Examples Writing your traditional “wet signature” Pressing your fingerprint Marking an “X”
  • 5. WHAT ARE ELECTRONIC SIGNATURES? Electronic signatures in particular Layman’s definition: “An electronic action a person performs to show consent to something” Some examples
  • 6. WHAT ARE ELECTRONIC SIGNATURES? (SAMPLE) Clicking “Place your order” on Amazon.com
  • 7. WHAT ARE ELECTRONIC SIGNATURES? (SAMPLE) Clicking “Pay” on your online bank’s site
  • 8. WHAT ARE ELECTRONIC SIGNATURES? (SAMPLE) Clicking “I accept” when signing up for an email account
  • 9. WHAT ARE ELECTRONIC SIGNATURES? (SAMPLE) Signing for a delivery
  • 10. WHAT ARE ELECTRONIC SIGNATURES? (SAMPLE) Signing a document with Docusign
  • 11. TOPICS  ? What are electronic signatures? ? What are the benefits? ? What are the legalities in California? ? How do they work? (demos)
  • 12. WHAT ARE THE BENEFITS FOR YOU AS A REALTOR? 1) Save an enormous amount of time How we traditionally do contracts… Me My client The other realtor The other realtor’s client
  • 13. WHAT ARE THE BENEFITS FOR YOU AS A REALTOR? … and this is what we end up with…
  • 14. WHAT ARE THE BENEFITS FOR YOU AS A REALTOR? 1) Save an enormous amount of time How electronic contracts are done… Me My client The other realtor The other realtor’s client
  • 15. WHAT ARE THE BENEFITS FOR YOU AS A REALTOR? … and this is what you get…
  • 16. WHAT ARE THE BENEFITS FOR YOU AS A REALTOR? 3) Keep clear copies of documents 4) Look cool 2) Reduce chances of errors
  • 17. WHAT ARE THE BENEFITS FOR YOUR CLIENTS? Reduce frustration Simplify process Save time – lots and lots and lots of it Feel cool
  • 18. TOPICS  ? What are electronic signatures? ? What are the benefits? ? What are the legalities in California? ? How do they work? (demos)
  • 19. 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”
  • 20. 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
  • 21. What are the legalities in California? – EXCEPTIONS Excluded real estate transactions Evictions Foreclosures Termination of utility services Seller financing disclosures A few others
  • 22. TOPICS  ? What are electronic signatures? ? What are the benefits? ? What are the legalities in California? ? How do they work?
  • 25. HOW DO THEY WORK? From your electronic forms provider PRDSFORMS.COM WINFORMS.COM What you do Create an electronic document Or scan in a paper document
  • 26. HOW DO THEY WORK? (SCREENSHOT) Online form
  • 27. HOW DO THEY WORK? (SCREENSHOT) Scanned form
  • 28. HOW DO THEY WORK? Then, “print” to Docusign
  • 29. HOW DO THEY WORK? Then, define who the signatories are
  • 30. HOW DO THEY WORK? Then, define the identity verification method…
  • 31. HOW DO THEY WORK? Then, drag the signature “stickies” to the appropriate places
  • 32. HOW DO THEY WORK? Then, send it to your client
  • 33. HOW DO THEY WORK? What your client does… Open the document
  • 34. HOW DO THEY WORK? What your client does… Sign where indicated by clicking the mouse
  • 35. HOW DO THEY WORK? What your client does… Return the signed copy to you
  • 36. HOW DO THEY WORK? What you do… Open the document
  • 37. HOW DO THEY WORK? Here’s what the signatures look like
  • 38. HOW DO THEY WORK? Forward/print it out