Signing my first contract - over email ? URGENT help needed

[arruga]

Hi there
Is a signed, scanned contract sent by email legally valid and binding ?
I'm the buyer (of my first IP), and the RE agent has asked me to send the signed contract by email to send to seller (in Sydney...I'm in Brisbane)...
So, I will get back by email a scanned copy of contract signed by both parties...but I will never get a contract with both original signatures....is this right ?
thanks
a.

 

[alexlee]

...but I will never get a contract with both original signatures....is this right ?

Think about it. Even if the paper contract is sent around, only one of you will end up with a contract physically signed by both parties. Someone has to be happy with a copy.

If you're worried about it, talk to your conveyancer.

 

[tobe]

When I bought in QLD, the estate agent made me post the original, but that might have been a ruse because by the time I got it another counter offer had appeared and I had to up my offer.....

 

[arruga]

Think about it. Even if the paper contract is sent around, only one of you will end up with a contract physically signed by both parties. Someone has to be happy with a copy.

If you're worried about it, talk to your conveyancer.

if i sign two copies, hand them to RE agent......agent gets these to seller...one comes back to me....each one of us is in posession of a contract with both original signature...i would have thought that is the drill.....I gather from your comment that is pretty normal to get digital signatures then...isn;t it ?

 

[westminster]

Hi there
Is a signed, scanned contract sent by email legally valid and binding ?
I'm the buyer (of my first IP), and the RE agent has asked me to send the signed contract by email to send to seller (in Sydney...I'm in Brisbane)...
So, I will get back by email a scanned copy of contract signed by both parties...but I will never get a contract with both original signatures....is this right ?
thanks
a.

Correct - once you have your emailed one signed by them and emailed back to you it's accepted.

 

[alexlee]

if i sign two copies, hand them to RE agent......agent gets these to seller...one comes back to me....each one of us is in posession of a contract with both original signature...i would have thought that is the drill.....

Why do you think this? Have you done a purchase where it was like this?

Think of the endless possibilities for confusion if someone changes one of the contracts.

 

[RPI]

Its is called a counter part contract.

You can also have a contract formed by verbal agreement, as long as there is a promise and some consideration (value sort of). It is just you can't do that for land because there is specific legislation that says so. Counterparts are very common

Some agents still use a clause in their contracts like this

12. Counterparts
12.1 This contract is validly executed if signed in one or more counterparts.
12.2 This Contract may be entered into and become binding on the parties named in the Contract upon one party signing the Contract that has been signed by the party or a photocopy or facsimile copy or email copy of the same and transmitting a facsimile copy or email copy of the contract to the other party or the other party’s agent or solicitor.

Haven't seen one in ages, but a contract came across my desk for a conveyance on a purchase this week that had exactly this (although this clause was shouting at me along with all the other agent generated clauses because it WAS ALL IN CAPITALS LIKE THAT MAKES IT MORE LEGAL OR
IMPORTANT OR SOMETHING) which is bloody annoying to read, isn't it

regards

 

[chindonly]

Shouting at you, was it Darryl! lol

 

[RPI]

Yes Chind, I almost needed eye muffs.

 

[knightm]

Yes Chind, I almost needed eye muffs.

sunglasses would've done the job

 

[thepeoplesagent]

When we have interstate or overseas vendors/buyers we always send them the necessary paper work via email. However, I always get the buyer/vendor to print, sign and post the paperwork back to my office.

I have always been told we need the original signatures. Not sure if this is true. Next time I speak to a conveyancer or solicitor I will ask.

 

[Terry_w]

I would suggest original signatures. If you wish to rely on email exchanges then best to have a special condition regarding this and it should always be followed up with the originals.

But, what would happen if someone signed, emailed and then had buyers remorse and wanted to withdraw before sending the originals? Not sure if there are any cases on this yet.

 

[Craiginqatar]

I've bought several properties as an expat Aussie. In both cases I've had the conveyancing contracts sent via email, we printed, signed them and had them witnessed by the correct people but the original signatures had to be returned via Fed-ex to the conveyancer.

This was for properties in the NT & NSW.