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2labs | Can you use a fax machine to fax real estate contracts? |
About to buy a home. The sellers have moved out of state. Our agen is a duel agant. Can he legally use the fax machine to fax signed agreements? I always thought you needed originals.
Additional Details
Sorry, I can't spell today. It's Friday :) |
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curious caucasian
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nope faxed copies work just fine. As long as they are legible by both parties. |
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BoomChikkaBoom
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I accept faxed contracts and riders all the time, then have the originals mailed to me.
It should say somewhere in the contract that faxed signatures are acceptable. |
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littlebettycrocker
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yes, you can fax real estate contracts. |
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migity696
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yes you can. A saleman in my company closed on his house while working in another state during the week. He faxed over his signature. |
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mac_218
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You can always fax contracts, but it's important to get the originals back. If you have an amendment to a contract, you can certainly have that faxed to them and they can fax it back, but it's important to get the originals back... just for your safety. |
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WitchTwo
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According to the courts in Ca, a faxed signature is a legal facsimile of a signature and therefore admissable in court. The docs will be overnighted to the agent anyway and they will be signed out of state in a Title office most likely signatures being notarized. Same thing on your end. Some banks will fund with a fax some will have the original signatures overnighted to them. Either way you are fine and all asses are covered so to speak! |
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thetoothfairyiscreepy
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if this is permissible in your state, check your contract. there should be a "reasonable facsimile" clause, or something to that effect, stating whether or not faxed signatures can be used as "originals". Also, emailed copies (scanned) can be acceptable, as well. |
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?
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Fax or scan...no originals. The only originals needed in a real estate transaction is at the title company. Loan documnets, title work, etc.
I am a Realtor |
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Stephen Newman
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I will preface my answer by telling you that I am a licensed Realtor® in the state of Arizona.
To answer your question I will use the contract that is prepared by the Arizona Association of Realtors® which states on page 8, section 8g, line number 324:
“Copies and Counterparts: A fully executed facsimile or electronic copy of the Contract shall be treated as an original Contract. This Contract and any other documents required by this Contract bay be executed by facsimile or other electronic means and in any number or counterparts, which shall become effective upon delivery s provided herein, except the Lead-Based Paint Disclosure Statement may not be signed in counterpart. All counterparts shall be deemed to constitute one instrument, and each counterpart shall be deemed and original.”
In English this means yes.
Your contract may very likely have a similar clause similar to this.
I hope that this helps. |
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