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Are digital signatures acceptable for exchange of contracts?

23 replies

LetticePray · 07/06/2022 18:42

Please say yes 😅😩

OP posts:
DolphinaPD · 07/06/2022 18:52

I'm pretty sure I did mine electronically.

Oizys · 07/06/2022 18:57

I’m sure I did mine electronically both times I’ve purchased a house

Thecatisboss · 07/06/2022 19:01

I've always been told it has to be a wet signature.

LetticePray · 07/06/2022 19:29

Hmm!

OP posts:
Bubbleha · 07/06/2022 19:31

Many places use systems like docusign now. That includes Solicitors. Has someone told you otherwise?

RidingMyBike · 07/06/2022 20:23

We were told ours had to be 'wet' signature - solicitor emailed it to us, we printed it out, got a friend to come round to witness it then drove it to the solicitor!

SafelySoftly · 07/06/2022 20:24

I think needs to be wet signature so no docusign.

Catmummyof2 · 07/06/2022 20:25

This reply has been withdrawn

This has been withdrawn by MNHQ at the poster's request.

RoaryLion1 · 07/06/2022 20:39

We’re going through a house purchase now and contracts had to be wet-signed - but worth checking with your solicitors!

mindutopia · 07/06/2022 20:48

Yes, we had to wet sign and drive over to solicitors.

LetticePray · 08/06/2022 10:16

Thanks all, confirmed my worst suspicions!

OP posts:
GU24Mum · 08/06/2022 10:24

DocuSign is absolutely fine provided your lawyers aren't archaic or useless!

3monkeybars · 08/06/2022 12:42

We did ours (2 months ago) virtually - not even docusign, I did it via Preview app on a MacBook

3monkeybars · 08/06/2022 12:42

(though the instructions from the solicitor was to print off, sign, scan in - not sure if they just didn't notice the signature had been added digitally as it is an actual signature)

LetticePray · 08/06/2022 13:05

It seems to be only certain (larger) conveyancers, the big chains, who accept the digital signatures?

OP posts:
HappyHappyHermit · 08/06/2022 13:11

Ours was only a small local solicitor and we did digital signatures, but it was during the first lockdown so that may have made a difference.

Badbadbunny · 08/06/2022 13:14

It depends on other factors really. The solicitor needs some kind of "proof" that the person approving electronically is the right person, i.e. guard against an imposter using a fake email address etc., so that comes on the back of the due diligence and identity checks and whether there's been face to face contact, previous mailing of documents in the post with a "wet" signature (i.e. letter of engagement, pre contract documents, etc), proof of the bank account/funds transferred (i.e. evidence of account holder and bank account), etc etc.

It's all part of a big jigsaw puzzle of evidence and due diligence. If the solicitor is happy in all other ways re identity checks, money laundering, due diligence, etc then they're going to be more content with an electronic approval. However, if the due diligence etc has a few gaps, then they may want a "wet" signature for additional evidence.

It's all about risk - if they're happy they're dealing with the "right" person, and that everything else stacks up, then they'll take the risk with an electronic approval. If not, then they won't take the risk as they won't want a compensation claim against them. Re the point with big versus small companies, again it comes back to their due diligence, risk assessments etc.

MintTeaLady · 08/06/2022 13:15

Of course Docusign is fine but most solicitors are dinosaurs and will insist on a wet signature.

Mindymomo · 08/06/2022 13:19

Our Solicitor insisted on wet signatures, our buyers large chain Solicitor didn’t, it caused a lot of problems with delays and our Solicitor was made out to be old fashioned and out of touch, but he stood his ground and wouldn’t accept anything but wet copies.

Alphabet1spaghetti2 · 08/06/2022 13:23

Looking at our contract in front of me - it has to be a wet signature with telephone confirmation that we want to proceed, on day of exchange.

seems to vary from practice to practice.

Bloodyhelldog · 08/06/2022 13:23

Ours wanted wet but accepted scans in the interim while we posted them, if that helps?

Don'tknowwhichnametopick · 08/06/2022 13:27

Posted ours this week. Had to be signed, witnessed, then emailed and posted. Receipt of both confirmed.

ShaunaTheSheep · 08/06/2022 13:27

I think we did ours and posted them. But it was done well in advance, so no time issues.

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