Enforceability of Electronic Agreements in Real Estate Transactions
It is becoming common for more and more transactions to be created, negotiated, finalized and executed electronically, according to an alert from Arnall Golden Gregory LLP. From a real estate perspective, virtually all documents other than those that are being recorded are exchanged electronically.
The article addresses whether, and under what circumstances, contracts executed via the internet or otherwise are enforceable under applicable federal and state laws.
Topics covered include e-signatures, the applicability of general contract principles, and commercial real estate agreements.
The conclusion is that “it is clear that binding real estate transactions have been and will continue to be conducted via electronic transfer of signatures.”
