Tech Watch: The Next Standard
Momentum builds for broader acceptance of digital signatures on real estate documents.
This time next year, it's a safe bet that many more of you will be routinely circulating forms, disclosures, and contracts for clients to sign electronically.
It's been nine years since President Bill Clinton signed the E-Sign Act, granting electronic or digital signatures the same legal status as ink on paper. Since that landmark event, however, real estate professionals have been slow to embrace a technology which adds tremendous efficiency to managing paperwork generated in the typical transaction.
Whether the reluctance stems from a mistrust or misunderstanding of digitally signed documents, the fact is that a growing number of real estate professionals are already using and promoting the technology. It promises to become an option that savvy clients will expect in the future. Efforts underway now to guarantee acceptance of digital signatures by all segments of the lending community, including the FHA, could prove a watershed moment in making the electronic signing of contracts a standard practice.
Individual adoption for many will likely parallel the experience of Greg Swann, CRS®, GRI, designated broker of BloodhoundRealty.com in Phoenix, Ariz. "I was aware of and watching the development of electronic signatures for some time, but I am not an early adopter of new technology," he notes.
In fact, it wasn't until a forced introduction earlier this year that he tried it. "A DocuSign contract landed on my desk from another agent before I finally recognized how easy it is to use and how well it works," he explains.
Swann enrolled his company in DocuSign's annual program. "There's been no resistance to electronic signatures from my clients," he reports. "We've used them for documents that go to the listing agent, lenders we use, on REOs and short sales. Everyone loves the fact that it's so fast, convenient, and easy to use."
In Tampa, Fla., sales associate Jeff Launiere with Keller Williams Realty relies on the EchoSign system to have listing agreements, addenda, and disclosures signed online. "Consumers love it," he reports. "The difficulty I've encountered is with other agents. Many still don't seem to understand how electronic signatures work or the legality of using them."
He's also encountered resistance from some lenders, title companies, and the FHA. "For digital signatures to really take off, it's going to take some government mandate stating everyone must accept a digital signature, on all types of documents and contracts," he suggests.
That's coming. Tom Gonser, vice president of product strategy with DocuSign, reports, "We're actively working with a number of bodies, including the FHA, to work out a way for electronic signatures to be accepted on all documents." (see blog: http://www.docusign.com/blog/2009/06/11/fha-lender-acceptance/)
Gonser believes that will bolster the momentum already building for broad-based acceptance of electronic signatures in real estate. Four years ago, DocuSign surveyed real estate professionals about digitally-signed documents. A majority had never heard of them, and most who had feared they would undermine the perceived value of services they provide, he says.
Today, real estate professionals are much more aware. "Some agents are starting to use electronic signatures as a competitive advantage," Gonser reports. He estimates as many as 18,000 real estate companies have used DocuSign, with 1,000 more joining its network each month. "We're approaching a critical mass, and the word is getting around that this is a more efficient way to do things."
At rival EchoSign, CEO Jason Lemkin believes the evolution of the Web is critical to widespread adoption in real estate. "Three or four years ago, you needed software to sign documents digitally," he observes. "With Web 2.0, we're delivering next generation Web technologies that make it much easier for people to do the same thing online."
Efficiency and cost savings are the key benefits, but Lemkin suggests the convenience of electronic signatures will ultimately establish the technology as a standard practice. "This is a referral business," he adds. "When you use electronic signatures you're going to get more referrals because people will remember how easy it is to work with you."
If you're not sure whether you're ready to make the leap, it's worth sampling the systems. Both companies offer their solutions on a limited trial basis at no cost. You just may find that these digital benefits provide your business with the competitive edge you've been seeking.

DocuSign has recently joined the REALTOR Member Benefits® program, which offers discounts through the ESIGN Advantage Program for REALTORS®. For more information, visit: www.docusign.com/NAR.

Michael Antoniak is a journalist and technology expert with a focus on real estate applications. Antoniak also writes about real estate technology at his blog, RealTechTools. He can be contacted at antoniak@dtccom.net.