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Wet Signatures

1924 Views 7 Replies 6 Participants Last post by  EthanB
Is an electronic signature, faxed or printed signature on a contract binding? Or is it imperative to have a wet signature?

Not asking for legal advise just opinions.
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Most companies I deal with accept electronic for everything except the hold back release form has to be original signed and notarized.
Is an electronic signature, faxed or printed signature on a contract binding? Or is it imperative to have a wet signature?

Not asking for legal advise just opinions.
I'm not sure about faxed or printed signatures but electronic signatures are binding. Here is a link to an article about e-signatures:
https://www.docusign.com/electronic-signature
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May I ask what a hold back release is?
Inner10 said:
Most companies I deal with accept electronic for everything except the hold back release form has to be original signed and notarized.
A1A contracts and most commercial contract hold retainage. That is a hold back.
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Contracts are often standard documents from CCDC, progress payments have a 10% holdback. A holdback release form such as a CCDC 9A/9B is a signed notarized and sealed form indicating that the contract is fulfilled.

http://www.ccdc.org/downloads/ccdc9a/ccdc9a.pdf

http://www.ccdc.org/
May I ask what a hold back release is?
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Most of the real estate documents I have ever signed have been via fax or email. There is a clause in them about signature via facsimile.
I use electronic signatures extensively. I like to get them emailed back to me to establish provenance rather than have someone sign on my device. I don't think it's a big problem if someone does sign on your device, there are many places, including banks, that use electronic signatures.
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