The electronic signature in property transactions

Fewer disputes with the electronic signature

How does it work? The user receives an email inviting them to electronically sign a document. By clicking the link, they can view the document and read it through to the end before adding their signature. They then receive an SMS with the signature code — a two-factor authentication.

Electronically signed deeds are 100% secure. External providers such as DocuSign, YouSign or HelloSign certify digital signatures in compliance with the eIDAS regulation (electronic IDentification, Authentication and trust Services) and European law.

Agencies gain more advantages with the electronic signature because they have fewer disputes than with handwritten guarantees.

There is no longer any notion of dispute, because it is no longer possible to deliberately write incorrectly. The texts are produced automatically. And when the deed is included in the lease, the guarantor also signs the lease and cannot claim they were unaware.

Electronic signature of guarantee deeds authorised

Since the start of 2022, the guarantee system has evolved. Guarantors are now allowed to sign guarantee deeds electronically. Signing times are reduced, which simplifies the procedure, especially when a guarantor and a tenant are separated by a large distance.

Handwriting the guarantee deed — where the guarantor copies word for word the text imposed by the owner — is no longer mandatory. From 1 January 2022, the guarantor can simply add the statement that they undertake, as guarantor, to pay the landlord what the tenant owes in the event of default, up to an amount expressed in words and figures.

Guarantee deeds could not be signed electronically until 1 January 2022. Now the digital signature has come into force. This lets the landlord reduce costs by avoiding posting the handwritten document to the guarantor. The parties can now simply exchange scans by email. This simplifies the procedure, especially over large geographical distances.