You should use a Special Condition Electronic Counterparts clause to facilitate a buyer and seller signing contracts when it is difficult to get all parties in the one place.
Once a buyer signs the contract a vendor can sign a another copy of the same document. When they are both held together it comprises of one document and the contract is valid.
These conditions apply even if one party executes a contract via docusign, or similar, and then the other party signs, scans and returns the contract to the real estate agent or their lawyer.
You can learn more about electronic strategy in relation to legal documents at the Law Council of Australia. This publication is a discussion paper on modernizing document execution.
This clause should be used in conjunction with legal advice pertinent to your situation so if you have any questions regarding your particular circumstances you can contact us here.
Fax/Email Transmission/Electronic Counterparts
The parties acknowledge and agree that:-
(a) this Contract may be executed by electronic means whether by facsimile transmission or email;
(b) an executed electronic copy of this Contract will be binding upon the parties and treated as an original;
(c) This contract may be executed in two or more counterparts, all of which will together be deemed to constitute one and the same contract;
(d) original copies of this Contract may be executed at a later date but if they are, they will be dated the same date as the executed electronic copy of this Contract; and
(e) the parties expressly consent that pursuant to the Electronic Transaction Act (Queensland) 2001:-
(i) for all information required to be given in writing to them;
(ii) for all information permitted to be given to them in writing;
(iii) for all signatures required to be given by them;
(iv) all documents to be produced by or to them;
In respect of this Contract of Sale can be given or produced by electronic communication whether by facsimile transmission or email.
