Move Electronically Signed Warranty Deed For Free

A witness is there to help confirm the legality of the document being signed. A witness can usually be anyone, however, certain documents will need an authorised person to witness it. A statutory declaration is one such example as it needs to be witnessed by someone like a justice of peace.

Electronic signatures are legal signatures. The Electronic Signatures in Global and National Commerce Act, otherwise known as the E-Sign Act, states that electronic signatures shouldn't be considered invalid simply because they're electronic. In other words, e-signatures are completely legal and binding.

The requirement under the current law that a deed must be signed ?in the presence of a witness? requires the physical presence of that witness. The requirement that deeds must be delivered does not impede the electronic execution of deeds in practice.

As with a handwritten signature, a signer must show clear intent to sign an agreement electronically. For example, signers can show intention by using a mouse to draw their signature, typing their name, or clicking an ?Accept? button that is clearly labeled. Consent to do business electronically.

In order to witness a signature virtually, these key factors should be in place: The signing needs to be conducted through an audio visual link. The witness must be able to see the signee sign the document. A statement confirming the signing of the document met all legal obligations must be validated by the witness.

1.2 Therefore, to be certain that a deed has been validly executed, the witness must be physically present to witness the act of signature (whether that signature is applied electronically or otherwise) by the person signing the deed.

New South Wales also allows for electronic execution of documents but requires the signatures to be witnessed following a particular procedure. It is not recommended that a remote witnessing procedure is followed without the help of a lawyer or a professional with experience in electronic form transactions.

We will accept for registration transfers and certain other deeds (see Deeds that can be signed electronically) that have been electronically signed provided that the requirements (including the conveyancer's certificate) set out in Our requirements are satisfied.