Remote Signings at Lama Law
As a buyer or seller, do I need to meet with my real estate lawyer in person to sign my closing documents? The short answer is no; but there are a few factors that your real estate lawyer would need to consider. Let’s begin with a review of the legislation.
The Legislation
The Ontario’s Electronic Commerce Act, 2000 prescribes that electronic signatures satisfy the legal requirements for a signature where the applicable legislation does not explicitly require handwritten or “wet” ink signatures.
The Commissioner for Taking Affidavits Act, 1990, as amended from time to time, permits remote commissioning. What is remote commissioning? When a lawyer witnesses your signature and administers an oath through the use of audio-video communication technology.
The Land Registration Reform Act, 1990 allows for the electronic registration of transfers of title and mortgages in the Ontario land registry system.
The Platform
There is no one specific platform that is mandated by the lawyer’s governing body, the Law Society of Ontario. Instead, a lawyer can use one or many different platforms to satisfy the requirements of identity verification, remote and video signing. At Lama Law, we use the latest technology to verify identification, virtually meet with you and share and e-sign closing documents like DocuSign, Adobe, Microsoft Teams, Syngrafii and Zoom. We use trusted time proven and privacy protected platforms to support your remote signing. Most importantly, the software used produces a signing certificate or audit trail that provides proof of the meeting and signing authority.
The Process at Lama Law
Step One:
We will send you an appointment booking link to schedule your remote signing appointment in the law firms calendar. When you book your appointment, you as client, can choose whether you would like to meet in person at the office or virtually. A link is automatically generated when you schedule your appointment and is accessible on the appointment day/time.
Step Two:
You will receive an email of your closing package 1-2 days before your meeting for your review in advance. This is the full set of you documents you will be reviewing and e-signing with your lawyer at your appointment.
Step Three:
Click on the link on your scheduled appointment day/time to meet with your lawyer. Have your identification in hand for the lawyer’s review and verification in real time.
Step Four:
Your lawyer will share the closing package with you over the platform and walk you through each page answering any questions you may have.
Step Five:
The client e-signs each applicable section through the same or secondary platform by drawing their signature with either their finger or mouse. The date/time is further stamped on the Audit Report produced by the platform. Once all parties have signed the closing package, you will receive a fully executed copy by email. The signed documents gives the lawyer the authority to close you deal.
Factors to Consider
If you are purchasing or mortgaging a property with a lender, your mortgage instructions may limit the use of remote signing and require the client(s) to meet the lawyer in person at the office. Though this is not a common practice, it happens. This is why it’s best to have your lender send the mortgage instructions to your real estate lawyer well in advance of closing to allow for said exceptions to the standard practice of remote signing.
Further, some lenders will allow remote signing but will instruct the use of only an approved list of platforms the real estate lawyer must use.
Some law firms will also require that certain closing documents be signed with original ‘wet’ ink and as such, you will need to meet with your real estate lawyer to sign in person.
It is always advisable that you call or email the office in advance of your closing to review and discuss your transaction.
