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The real estate guide 2026

Electronic signature in real estate: lease, warrant, compromise

The electronic signature is fully recognised for all private property deeds: residential and commercial leases, sales and management warrants, compromises and promises, statements of the premises, endorsements.This guide explains the applicable legal framework (Hoguet Act, ALUR, ELAN, SRU, eIDAS Regulation), the level of signature required for each deed, and good practices to ensure the probative value of your files.

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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 + RFC 3161 timestamp 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?

Mandate to sell (single or exclusive)
Mandate for rental management
Lease of dwelling (empty or furnished)
Commercial lease (3-6-9, derogatory)
Commitment and promise of sale
State of entry and exit points
The amount of the guarantee shall be calculated as follows:
Credit file and supporting documents (EPC, diagnostics)

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 RFC 3161 timestamping (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). Admissible in court (Article 1367 of the Civil Code), it does not benefit from the presumption of reliability reserved for the qualified signature: in case of dispute, its reliability is demonstrated by producing 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?
Yes. Since 1 January 2022, Article 1175 of the Civil Code no longer excludes guarantees from electronic signature. The statement provided for in Article 2297 of the Civil Code, to which Article 22-1 of the 1989 Act refers, must be affixed by the guarantor himself, by a process which guarantees that he alone is able to do so (Article 1174): no pre-filled copy-pasting. A mandatory entry field with validation and timestamping secures this requirement.
→ The full guide to electronic signature · → Certyneo solution for real estate · → Electronic signature for real estate agents · → Electronic signature for administrators of property · → Electronic signature for property developers

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