Yes. It is commonplace for the parties to a residential Contract of Sale to sign remotely and transmit their signatures via e-mail in pdf or facsimile. The attorneys often add a clause to the Rider to the Contract of Sale stating that electronic signatures shall be deemed original signature such that they are valid and binding and have the same force and effect as a traditional “wet ink” signature. It is important to note that the same is not true of the closing documents such as the deed, transfer tax documents, note and mortgage. In New York, these documents must typically be signed before a notary public and the original “wet ink” signatures are sent to the County Clerk’s office for recording. For these reasons, traditional in person “sit down” closings are still the norm in New York.
*Thank you for taking the time to read this article. This article is part of our “From Contract to Closing; Demystifying NY Residential Real Estate” Series. Other aspects of residential real estate transactions in New York are discussed in other Parts of this series.
For questions about residential real estate law, or general information about our firm, please contact us at (914) 338-8050 or send an e-mail to keith@betenskylaw.com. We look forward to hearing from you.
Betensky Law PLLC
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