Witnessing Signatures in Real Estate

Signing by pen requires a witness signature

Anyone signing a real estate document in person, using a pen, but have another person witness their signature. This person does not need to be a Realtor®. however, only a Realtor® can explain the contents of the document. Non-Realtor® witnesses are only witnessing that the client has signed the document.

Signing Electronically:

Alternatively, clients can sign documents electronically. There are rules that must be followed according to the Saskatchewan Real Estate Commission.

Commission Bylaw 625 permits electronic signatures that are originally created by:

• the signatory’s handwritten signature;

• a keyboard allowing the signatory to enter in their name as their signature; or

• the signatory drawing their signature and initials in a custom fashion utilizing a mouse, stylus or their finger depending upon the device being used to access the signing.

The signature must be digitized and embedded permanently in the document and a record from the electronic signature software or application provider which certifies when, where, and by whom the document was executed.

Where a witness is required, the electronic signature must meet the requirements above and the signatory must have previously consented to use an electronic signature.

The registrant must use software which:

• accurately reflects the information set forth in the contract;

• is capable of providing detailed transaction logs accessible to the registrant and which allows each signing participant the ability to review signing progress/history for the document in question;

• ensures the security of the signed document such that once signed by a signatory, the content of that document cannot be altered; and

• ensures that once signed by a signatory, that signature cannot be moved or removed from where it was affixed by the signatory.