Innovative technologies are an integral part of the daily life of real estate professionals. From automated solutions to social networks used in communication activities, you can no longer ignore the many possibilities offered by these technologies. The electronic signature is usually one of them.
What exactly is an electronic signature ?
An electronic signature is a dematerialised signature, i.e. one that is made via a digital medium. It should be noted, however, that it is not the simple computer equivalent of a handwritten signature, or even the name attached to the end of the e-mail. The electronic signature is generally a technical process whereby a person uses a specific medium to attach his or her agreement to a dematerialised document. The agreement is represented by a cryptographic mark with the same evidential power as the writing, and depending on the tool used, the mark may be accompanied by a time-stamping system that specifies the time and date of the signature, a way of guaranteeing the integrity of the signed document.
Does the digital signature have the same legal value as its handwritten counterpart ?
Before imagining the use of electronic signatures in real estate, it is necessary to ensure their reliability and legality. There is no problem for the lessor to sign the management contract, but the problem happens when we discover that his signature has no legal value. Like everything else on the Internet, the legal issues can seem complicated and obscure. The Civil Code makes it clear that electronic and written documents have the same evidential value in terms of identifying their source, drawing them up and keeping them under conditions that guarantee their integrity.
What are the advantages of the electronic signature in real estate ?
The electronic signature generally has the same value as the handwritten version. However, this does not explain the interest in using it in your daily activities, especially considering the difficulties you may encounter in obtaining valid certificates and setting up signature tools. So, it is important to look at its benefits first. Actually, the use of electronic signatures in real estate also saves valuable time in the processing of documents. First of all, because of the verification of his authorised behaviour, the signatory is not required to be physically present : when he does not live on site, this avoids travel or delays linked to postal mailings. Secondly, because it guarantees the integrity of the document, it allows not to sign on every page. In addition, the obligation to sign by hand generally extends the time limit.