Frequently Asked
Questions
Will my client’s contact information be shared with the cross-sale agent without my prior permission?
Your client’s information will not be shared with the cross-sale agent unless permission is given within the app.
What is an electronic signature?
An electronic signature is a specific category of methods for signing a document online and is a modern way of recognizing and authenticating people, documents, messages and more.
The US Federal ESIGN Act grants the same legal recognition and status as written, paper signatures to electronic signatures and records for those choosing to use this type of signing process.
Please note: Depending on your state and local laws, there may be some process in the real estate transaction that could require an in-person wet signature. Such a signature could be needed during the closing and notarization process. Always check with your real estate or tax professional for details.
What is a wet signature?
A wet signature is a traditional pen and paper signature. SmartDocs is primarily a digital environment, but if a party to the real estate transaction does not want to use the service, a wet signature can be scanned and uploaded into the platform.
What is the benefit of an electronic signature?
Electronic signatures keep your real estate transactions moving faster than paper documents and wet signatures. Transactions incorporating electronic signatures and digital document management benefit from:
- Secure protocols and the prevention of fraud
- Confidentiality, legal validity and audit trails
- Fewer errors than with traditional paper documents
- Built-in digital workflow, saving time and money
Is SmartDocs secure and encrypted?
Yes, our eSignature and document management platform protects your highly-secure and confidential transaction information. Read more here.
Can a SmartDocs eSignature be forged?
SmartDocs electronic signatures are legitimate and authentic. Electronic signatures are safer than paper documents and cannot be forged.
Is SmartDocs legally binding?
Electronic signatures are valid in all US states and are granted the same legal status as handwritten signatures under state laws. An electronic signature, like those supported and handled by the SmartDocs platform, is typically all that is needed to create a legally binding and enforceable document.
Regarding electronic signatures and transmissions, SmartDocs complies with the requirements of the US Electronic Signature in Global and National Commerce Act of 2000 (ESIGN), the Uniform Electronic Transactions Act (UETA) and the European Union eIDAS (EU No.910/2014).
Will SmartDocs eSignatures and digital documents hold up in court?
SmartDocs ensures electronic signatures and documents are legal and enforceable. Each document also comes with a court-admissible certificate of completion that provides proof of the signing process to all transaction parties.