Witnessing Signatures Electronically in Ontario

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Question:

Can we witness docusign signatures?

Answer:

Yes, but only if you are physically present and see the person actually sign. There’s room on the Form.

Only Powers of Attorney and Domestic Agreements require a witness to make them enforceable.

The E Commerce Act permits electronic signatures etc. This arrangements then allows a document to be executed and be enforceable signed electronically and executed without a witness. However, no one is forced to do business under the E Commerce Act. It’s a choice.

If the other party to the deal wants a signed document and/or a witness, then you better go along with their request or you have NOTHING. That could be someone particularly concerned about mortgage fraud or title fraud.

If you send in an Offer in multiples and the Seller hasn’t already agreed to accept E Commerce documents, then you don’t have an Offer and you are not part of the count and you don’t get acknowledged and you don’t advance to the next round. You need permission ahead of time. This could be a strategic way to eliminate you.

Brian Madigan LL.B., Broker

www.OntarioRealEstateSource.com

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