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27 Jan 2001, USA

Dear Sir:

Could you please tell me which counties in the US accept electronic signatures, in particular for real estate transactions?

Do all states have to accept electronic signatures because of the Federal law?

Any information you could provide would be greatly appreciated.

Thank you very much for your time.

Best Regards,

Sandra

Dear Sandra:

I put your question to US legal expert Jim Harper of PolicyCounsel.com, who replies:

"There are two laws relevant to this question.

The Uniform Electronic Transactions Act is a law adopted in many U.S. states that makes electronic signatures the equivalent of writings on paper. A list of states that have adopted it is at http://www.nccusl.org/uniformact_factsheets/uniformacts-fs- ueta.htm

Under the U.S. federal E-Sign Act (Electronic Signature in Global and National Commerce Act) no contract, signature, or record can be denied legal effect solely because it is in electronic form. This means that if the parties to an agreement decide to use electronic signatures, their agreement is enforceable as if it had been signed in pen and ink. This means that all counties in the U.S. must legally accept electronic signatures for real estate transactions.

There is a separate question and that is whether, as a practical matter, counties are prepared to record deeds and other documents that have been digitally signed, or that are in digital format. It may be some time before local governments in the U.S. have this capability."

Good luck,

Dr. Ecommerce