EAAB & ECTA Requirements for Electronic Mandate Signatures
To ensure your commission is legally protected, electronic signatures on sole mandates and lease agreements must comply with the Electronic Communications and Transactions Act (ECTA) and align with industry standards. Simply drawing a signature on a standard PDF is often not enough to prove intent in a legal dispute.
Identifying the Signatory
Under ECTA, a standard electronic signature should use a reliable method to identify the person signing. PropSign supports this with document-specific signing links and recorded workflow activity captured during signing.
Proving Intent to Sign
The system must capture the explicit intent of the user. PropSign requires signatories to deliberately click through a consent notice and physically draw or type their signature, creating a clear record of intent to be legally bound by the mandate.
Document Integrity
Signed records should be reviewed in their final stored form. PropSign preserves the completed document state and related workflow history made available through the platform.
Producing the Audit Trail
In the event of a dispute over a sole mandate, timeline evidence matters. PropSign provides recorded signing activity and document history that agencies can review and export as part of their internal record keeping.
Tip
Important Legal Note: While mandates and lease agreements can be signed electronically using PropSign, South African law dictates that agreements for the actual sale of immovable property (Deeds of Alienation) still require an advanced electronic signature or a wet-ink physical signature.