Electronic signature in real estate: lease, warrant, compromise

What is the legal framework for electronic signatures in real estate?

The law on electronic signatures is based on the law of the European Union (EU) No. 1367/2018, which states that the electronic signature must be signed by a notary public. The only exceptions are notarized authentic documents (Article 1369 of the Civil Code), which are the authentic electronic act signed by the notary public.

• Mandate for sale or management: advance signature (AES) recommended 10 years of storage (Hoguet Law, Art. 72 of the 1972 Decree)
• Residential or commercial lease: advance signature (AES), mandatory annexes (DPE, risk statement, notice) to be entered in the same envelope
• Commitment / promise to sell: AES + qualified time stamp to date the start of the 10-day SRU withdrawal period (Article L271-1 of the CCH)
• State of play: in-person signature possible from the same tablet, with individual SMS OTP per party

What property documents can be signed electronically?

What does a typical real estate workflow with an electronic signature look like?

1. 1

   Prepare the document and its annexes

   Import the lease, the lease contract or the lease agreement in PDF format, together with the annexes (DPE, risk statement, information leaflet).

2. 2

   Add all the signatories

   Agent, landlord, tenant, bond, single or in a couple, add each co-owner under penalty of partial nullity, each receiving a personal secure link.

3. 3

   Have it signed in advance

   Identity verification by SMS OTP, unique certificate and qualified time stamping (Article 26 eIDAS).

4. 4

   Keep your records

   The signed deed and its audit trail are archived for 10 years as evidence.

Frequently Asked Questions Electronic and real estate signatures

Is an electronically signed lease legal in France?

The ELAN Act (2018) confirmed the validity of leases in electronic form and Article 1367 of the Civil Code recognises electronic signature as equivalent to handwritten signature.

What signature level should you choose for a warrant or compromise?

The advanced signature (AES) is recommended in view of the financial issues (commission, penalty clause, sale price) It provides the presumption of reliability of Article 1367 of the Civil Code, which can be challenged without further proof, subject to the production of the eIDAS audit trail.

How do you meet the 10-day SRU withdrawal deadline?

The time limit for withdrawal from a compromise on housing is 10 days (Article L271-1 of the CCH) from the first presentation of the signed document.

Is it possible to make handwritten entries in the security deposit electronically?

The Court has consistently held that the information provided for in Article 22 (1) of the 1989 Act may be entered and signed electronically, provided that the guarantor himself reproduces it (no pre-filled copy-pasting).