Signing documents remotely

Nowadays, there are various ways of signing documents remotely. Each approach has its own features, advantages and disadvantages. Here are a few of the methods available, with recommendations from DuProprio’s notaries regarding their use.

1. Electronic signature
This method involves drawing one’s signature with a finger directly on a tablet or sending it via email. This is often used to confirm the receipt of goods or to sign documents that do not require a high level of confidentiality.
Important to know
This signature is valid for real estate transactions, but DuProprio’s notaries do not recommend it, as issues may arise when comes time to certify the document’s authenticity. 
2. Digital signature
A digital signature ensures a document’s integrity and authenticity. It identifies the person who sent the document and the person who received it. The process also guarantees that the document has not been altered during its transfer from one party to the other. 
Digital signature is a complex process that uses cryptography, which makes it possible to safeguard the document’s validation. Since these signatures are based on encrypted information used exclusively by the signatory or signatories, they are very difficult to imitate. It is for this reason that digital signature is recommended for important transactions. 
Important to know
This type of signature is valid for real estate transactions and could be used if your buyer is represented by a real estate agent . Unfortunately, this method is not yet available through DuProprio.

Handwritten signature

If it is not possible to meet with your buyer in person, a handwritten signature is still a possibility if you can scan or take photos of your documents. Handwritten signatures remain an easy and perfectly valid means of signing. You can therefore suggest to your buyer that you follow these steps:

1. The buyer fills out the Offer to Purchase form manually, signs it, scans the document (or takes photos of each page) and emails it to you.
2. You receive the offer and look it over. If it is to your satisfaction, you accept it (if not, you refuse it or make a counteroffer). Then you sign the document by hand, scan it (or take photos of each page) and email this version back to the buyer.
3. The buyer signs the acknowledgement of receipt and returns the Offer to Purchase, following the same steps as above. 

You and the buyer will keep the final document, which serves as proof of your agreement. You can then send it to the notary who will be finalizing the transaction. While this process takes a bit more time, it lowers the risk that the signature’s authenticity could be contested later.

Advice from a notary

Requesting a handwritten signature ensures that the signature on the document is well and truly your buyer’s. This will prove that the buyer’s consent is clearly stated and was freely given.