Electronic signature for property developers
Electronic signature solution for developers and the marketing of new programmes. Dematerialize all documents under the PRIVATE SEING of the promotion: booking contract (preliminary contract of the VEFA, Art. L261-15 CCH), marketing mandates, subcontracting and supplier contracts, commercial leases of new premises. Complies with the Building and Housing Code and the eIDAS Regulation recommended advance signature, qualified time stamping of the withdrawal period, archiving 10 years. The authentic deed of sale remains, however, signed by the notary in the future state of completion.
- Legal framework
- The Commission shall be assisted by the Member States.
- Signature level
- AES eIDAS recommended
- Legal archives
- 10 years included
What can a real estate developer sign electronically?
The real estate promotion involves two distinct registers of deeds. The Authentic ACT OF SALE at the future stage of completion (AUTHENTIC ACT OF SALE at the future stage of completion) (VEFA) is necessarily received by a notary (Article L261-11 of the Building and Housing Code): it is the notarized electronic authentic deed, not covered by Certyneo exactly as for conventional sales.
Why sign a real estate deal electronically?
Distance booking contract
The preliminary booking contract (Art. L261-15 CCH) is signed online by the booker from his home, with identity verified by OTP SMS.
Time-stamped withdrawal period
The reservist has a withdrawal period of 10 days (Article L271-1 of the CCH).The qualified time stamp specifies the date of the first presentation of the signed contract, providing indisputable proof of the starting point of the time limit in the event of a dispute.
Industrial multi-lot marketing
A new programme involves dozens of lots to be booked, reusable templates and multi-document envelopes allowing the booking contracts to be issued on the chain and the marketing status of each lot to be monitored in real time.
Enforceable audit trail
Each document is accompanied by a PDF of proof: signatory identity verified by SMS OTP, qualified time stamp, SHA-256 hash, IP. Opposable in case of disputes with a reservist, a marketing agent or a subcontractor, and archived for 10 years.
The four-step procedure
From booking to filing, less than five minutes per batch.
1. Prepare the booking contract
Preliminary contract of the VEFA (Article L261-15 CCH) pre-filled: designation of the accommodation, estimated price, time limit for the work, amount of the security deposit, conditions for refund.
2. Add the reservations
Reservators, co-acquirers, possible deposit. In a couple or in a single, add each signatory under penalty of partial nullity. Each receives a secure personal link with OTP SMS.
3. Advanced signature + time stamping
Identity verification by SMS OTP, unique certificate, qualified time stamp in accordance with Article 26 of the eIDAS Regulation.
4. Monitoring and archiving
The signed contract and its audit trail are archived for 10 years as evidence. The marketing table is updated batch by batch. The final sale of VEFA is then transmitted to the notary for authentication.
Frequently Asked Questions
- Can a VEFA booking contract be signed electronically?
- The contract of reservation (preliminary contract of sale at the future stage of completion, Art. L261-15 CCH) is a private deed: no provision requires the handwritten signature. Article 1367 of the Civil Code recognizes the electronic signature as having the same value as the handwritten signature.
- Can the final VEFA deed of sale be signed on Certyneo?
- No. The sale at the future stage of completion must be certified by authentic instrument received by a notary (Article L261-11 CCH). The authentic instrument of sale is therefore the authentic electronic notarized instrument, outside the scope of Certyneo. Certyneo, on the other hand, covers all the above and the sale itself: booking contract, marketing mandates, supplier contracts.
- How do you secure the ten-day withdrawal period for the tank?
- The reservist has a withdrawal period of 10 days (Article L271-1 CCH), which runs from the first presentation of the signed contract.
- Can the security deposit be included in the electronic contract?
- The booking contract is governed by the security deposit (capped by Article R261-28 CCH depending on the time limit for completion).Certyneo locks the mandatory entries in the preliminary contract, but the collection of the deposit on the escrow account is still managed by your notary or your bank according to the applicable regulations.
- Can we get the marketing mandates signed by the agencies?
- Yes, marketing authorisations given to agencies (T card holders) are private documents, easily electronically signed with an advanced signature.
- What's the signature level for a reservation contract?
- The AES is recommended in view of the issues (deposit of the guarantee, estimated price, completion time) and provides the presumption of reliability (Article 1367 of the Civil Code) which can be challenged without further proof, subject to the production of the eIDAS trail audit.
- How long do you keep the reservation contracts?
- Certyneo automatically archives each document + its audit trail for 10 years, with an extension available.
- Are reservation contracts signed electronically enforceable?
- Yes French case law unanimously recognises eIDAS-compliant electronic signature. The presumption of reliability of Article 1367 of the Civil Code makes the advanced signature (AES) optional without further proof, subject to the production of the eIDAS audit trail delivered automatically by Certyneo.
See also
Dematerializing the marketing of your programmes
Permanent free plan (5 envelopes/month), without credit card. Complies with Art. L261-15 CCH and eIDAS. Time stamp of withdrawal and archiving period 10 years included.