Quick Recap – Ken Moyle’s “Legality of Electronic Signatures and Real Estate.”

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I wanted to livestream the talk about the “Legality of Electronic Signatures and Real Estate” given by DocuSign’s Chief Legal Officer, Ken Moyle. He gave this talk this afternoon at California Association of Realtors EXPO’s Tech Tuesday. Unfortunately, trying to record and stream video / audio killed my Verizon mobile broadband, so I livetweeted the session.

You can catch up on the action at CAR EXPO and Tech Tuesday until Twitter clears its index.

Some key points from the DocuSign twitter stream from Ken Moyle’s discussion about the “Legality of Electronic Signatures and Real Estate”

• E-signature is fully supported in CA and there is no California case law that questions the legality of electronic records or signature.
• Fannie and Freddie do not have problems with electronic signature.
• DocuSign is set up for real estate transactions
• Ken discussed value and features for electronic signature and electronic evidence – DocuSign does have these electronic evidence features.
• DocuSign’s optional initial feature came up, which allows signers to pick and choose which provisions they agree to – our users love this and leverage it for optional clauses like liquidated damages and others.
• Ken showed a demo video of the DocuSign electronic signature signing experience, to demonstrate its look and feel. The signing experience includes adoption of a signature, consumer disclosures which enable DocuSign electronic signature to be ESIGN compliant.
• Fraud mitigation was a topic of discussion – DocuSign provides access codes and ID check functionality and lots of tools in place to mitigate fraud.
• Ken Moyle called us all super, super heroes, but we can’t prevent all crime. However, it is hard for people to use DocuSign for fraud and not get caught.
• Lots of great questions were asked about electronic signature, including where tablet PCs fit into electronic signature or digital signature space.

Not only did we have a lawyer in attendance, we also had Ken Moyle’s Mom really come to his session! Interested in making your voice heard regarding FHA and ESignature? It’s not too late to reach out to ESRA on this issue!

Once I get a copy of Ken’s deck from today’s presentation, I’ll post it online – keep an eye out for it.

Bottom line? Electronic Signature IS enforceable.

Please note: These takeaways are provided in accordance with DocuSign’s blog disclaimer policy.