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CONSENT FOR USE OF ELECTRONIC DOCUMENTS AND SIGNATURES IN CONSUMER REAL ESTATE TRANSACTIONS

If you want the option of sending and receiving real estate transaction documents by email, federal law requires certain safeguards to ensure that consumers like you have the capability to receive such disclosures and are fully aware of the consequences of agreeing to receive documents electronically. Federal law requires your consent to use e-mail and electronic versions of information, disclosures, contracts and other documents and records (“electronic documents”) that would otherwise be legally effective only if provided to you in a printed/written paper document.

Understanding electronic "lingo": “Electronic documents” include the documents you may save on your computer or attach to email. They can typically be printed out, but exist independently in an electronic form on your computer.

“Electronic signatures” are sometimes hard to conceptualize. An “electronic signature” includes any mark, symbol, sound or process that is written, stamped, engraved, attached to or logically associated with an electronic document and executed by a person with the intent to sign. Just like you can legally “sign” a printed document by making your mark, whether that be your cursive signature in ink or an “X,” so you can "sign" a electronic document by making your mark, whether that be a high-tech encrypted or digital signature or just typing your name in the signature line or space on an email or document on the computer — these are all electronic signatures. If you sign a paper document in ink and then scan the document and save it on your computer, the image of the cursive signature on the stored electronic document on your computer is also an electronic signature.

  1. Right to receive paper document: You have the right to have any document provided in paper form. If you want a paper copy of any document sent to you by email, send your request to the broker at the mail or email address provided below. Paper copies will be provided at no charge.
  2. Right to withdraw consent: You have the right to withdraw your consent to receive electronic documents by email by contacting the broker by mail or email at the address provided below. The legal validity and enforceability of the electronic documents, signatures and deliveries used prior to withdrawal of consent will not be affected.
  3. Changes to your email address: You should keep the broker informed of any change in your electronic or emailing address. Please contact the broker as promptly as possible by mail or email at the address provided below regarding any such changes.
  4. Minimum hardware and software requirements: The following hardware and software are required to access (open and read) and retain (save) the electronic documents:
    • Operating Systems: Windows Vista or higher; or Macintosh OS 8.1 or higher.
    • Browsers: Internet Explorer 5.01 or above or equivalent
    • Needed Software/Electronic Document Formats: Adobe Acrobat Reader or equivalent for PDF files; Word program for Word files
    • Ability to open Microsoft Word and PDF documents    
  5.  Your ability to access disclosures: By completing and emailing this consent to the broker, you acknowledge that you can access and retain the electronic documents in sample files above.
  6. Consent to electronic signatures and documents: By completing and emailing this consent form to the broker at the email address specified below you are providing electronic consent to the use of electronic documents and signatures in your real estate transaction. Specifically, you are acknowledging receipt of this form and consenting to the use of electronic documents, email delivery of documents, and electronic signatures in any real estate transactions involving you, the broker identified below and other parties. If you prefer instead to limit this consent to the transaction relative to a specific property, provide the property address or description below.

Specific property:

CONTACT INFORMATION:

Broker name:

Agent’s name (optional):

Address:

Email address:

Party signature (sign or type in name):

Email address:

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