Are electronic signatures legally binding?

In short: federal and state law say a signature or contract can't be refused legal effect just because it's electronic. There are specific exceptions, such as wills and certain foreclosure and eviction notices.

The federal law: the ESIGN Act

The Electronic Signatures in Global and National Commerce Act (the ESIGN Act) was signed into law on June 30, 2000, as Public Law 106-229, and is codified at 15 U.S.C. § 7001 and following.¹ Its central rule is that, in interstate and foreign commerce, a signature, contract or record "may not be denied legal effect" solely because it's in electronic form.¹

ESIGN also protects consumers. Before information that the law requires to be provided "in writing" is delivered electronically, the consumer must consent, and must first be told things like their right to paper copies and how to withdraw consent.¹ That's why Revamp Sign shows signers an electronic-records disclosure and records their acceptance before they fill in anything.

State law: UETA

The Uniform Electronic Transactions Act (UETA) is a model law from the Uniform Law Commission.² It gives electronic records and signatures the same effect as paper and ink under state law, for transactions where the parties have agreed to deal electronically. UETA has been adopted in 49 states, the District of Columbia, Puerto Rico and the U.S. Virgin Islands.³

New York is the exception. It has its own law, the Electronic Signatures and Records Act (ESRA), which says an electronic signature has the same validity and effect as a handwritten one.⁴ ESRA has its own list of excluded documents.⁵

What e-signature laws don't cover

ESIGN lists documents it doesn't apply to.⁶ They include:

• Wills, codicils and testamentary trusts.
• Family-law matters such as adoption and divorce.
• Court orders, notices and official court documents.
• Notices of default, acceleration, repossession, foreclosure or eviction, or the right to cure, for a primary residence.
• Notices cancelling utility service, or health or life insurance.
• Product recall notices, and documents that must accompany hazardous materials.
• Most of the Uniform Commercial Code, apart from sales and leases of goods.

State laws have similar lists. If your document falls into one of these categories, get advice before signing electronically.

What it means for real estate documents

Document	What to know
Purchase and sale agreements, assignments, listing and referral agreements	Ordinary contracts. They're generally covered by ESIGN and your state's electronic-transactions law.
Deeds and other documents that get recorded	Signing is one question; recording is another. Whether a county accepts electronic recording, and whether notarization is required, depends on state and county rules.
Foreclosure, default and eviction notices for a primary residence	Excluded from ESIGN's coverage. These notices need to follow the traditional rules.6

What makes an e-signature hold up

The law cares about intent and evidence: that the person meant to sign, and that the record reliably shows what they signed. Revamp Sign supports that with:

• A consent step before signing, recorded in the audit trail.
• Private, cryptographically signed links sent to the signer's own email or phone.
• An append-only audit trail with times, IP addresses and browsers, plus a certificate of completion.
• A copy of the completed document for every signer with an email.

See how Revamp Sign protects documents for details.

This page is general information, not legal advice, and laws change. As Revamp365's Terms of Use put it, the sender is responsible for deciding whether an electronic signature is legally sufficient for their particular transaction and jurisdiction. When in doubt, ask a real estate attorney in your state.