How to verify legitimacy of an electronic signature on a contract

LegalNovice777

LegalNovice777

New Member
Jurisdiction
Georgia
I am in the process of hiring a lawn care company to do some work on my yard. The owner of the lawn care company emailed me a contract in pdf form with what looks like an electronic signature (aka e-signature). On the signature line, there is his name typed with a script-like font. How can I be sure that this signature is a real, verified, legal electronic signature and not just a name he typed with a script font?

Also, in the only experience I have had with electronic signatures, I and another party both were taken to an online service where we both went through a few steps to add our electronic signatures to the contract. But the lawn care guy sent the contract to me without involving me at all in the process. Is that something that can be done legally?

And if it can be done legally, what should I do? I don't have a way to create a legal e-signature on my own, apart from someone else's online service (which, like I said, I have done before). Can I just print the contract and manually sign it with a pen and then re-copy it to my computer and send it back to him?

Thanks.
 
Zigner said:
Why not ask for a hard copy with a wet signature?
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I may have to. But if I was reassured that this is legal (and it's very quick and easy), then I would do it. Also, I don't want to needlessly aggravate the lawn guy by calling into doubt what he did, if indeed there is nothing wrong with what he did.
 
There is no legal reason that you couldn't print, sign, scan, and email the copy you signed. I would suggest that you confirm that the contract allows it to be signed as "counterparts," which, when combined, constitute the same contract. If you don't know how to properly word that, then speak to an attorney.
 
Zigner said:
There is no legal reason that you couldn't print, sign, scan, and email the copy you signed. I would suggest that you confirm that the contract allows it to be signed as "counterparts," which, when combined, constitute the same contract. If you don't know how to properly word that, then speak to an attorney.
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Thanks for the suggestion. I may do that. But regardless, what I need to know is (as I asked earlier):

How can I be sure that this signature is a real, verified, legal electronic signature and not just a name he typed with a script font? I would think that there would be some way to track this signature and find out.
 
LegalNovice777 said:
How can I be sure that this signature is a real, verified, legal electronic signature and not just a name he typed with a script font?
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How to be sure it's real? I suppose that depends on what you mean by "real," but you can call the person whose signature it purports to be and ask.

How to be sure it's verified? I have no idea what this means. Verified by whom?

How to be sure it's legal? Again, what do you mean by that? Are you concerned that, in the event of a breach, you might not be able to enforce the contract? If so, then insist on a wet ink signature and, if you don't get it, refuse to go through with the transaction. However, see Ga. Code section 10-12-7.


LegalNovice777 said:
Also, in the only experience I have had with electronic signatures, I and another party both were taken to an online service where we both went through a few steps to add our electronic signatures to the contract. But the lawn care guy sent the contract to me without involving me at all in the process. Is that something that can be done legally?
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Yes. DocuSign and other similar vendors are standard in the year 2025.


LegalNovice777 said:
And if it can be done legally, what should I do?
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If you want to use DocuSign (or another similar service), then do so. If you want to insist on wet ink, then do so.


LegalNovice777 said:
Can I just print the contract and manually sign it with a pen and then re-copy it to my computer and send it back to him?
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No one here has any reason to believe you lack this ability.
 
LegalNovice777 said:
Thanks for the suggestion. I may do that. But regardless, what I need to know is (as I asked earlier):

How can I be sure that this signature is a real, verified, legal electronic signature and not just a name he typed with a script font? I would think that there would be some way to track this signature and find out.
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Frankly, if you don't trust him, find a different provider.
 
LegalNovice777 said:
How can I be sure that this signature is a real, verified, legal electronic signature and not just a name he typed with a script font?
Click to expand...

This MIGHT be of some informational value to you.

How to send a contract for electronic signing

Let clients quickly and easily sign your agreements online
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Send a contract by email to have clients add an electronic signature.

Sending contracts for online electronic signature eliminates the costs and hassle of printing, scanning, faxing, and overnight delivery.

How to send a contract for electronic signing

Step 1. Register for a free trial of an electronic signature tool, like Docusign eSignature.

Step 2. Upload the contract from your computer or from a file-sharing site (like Box, Dropbox, Google Drive, or OneDrive).

Step 3. Add the names and email addresses of your contract signers.

Step 4. Drop "Sign" tags in the spots where you want your clients to sign, and click Send.

Does everyone signing the document need an electronic signing account?

No, recipients of your documents do not need an account to sign contracts. Your document will be sent via email. Recipients can review the document, adopt an electronic signature, and complete the signing process without having an account.

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Use Docusign Payments to get paid faster. It's simple for your customer: When it's time to sign, you can request payment. The customer can pay with a credit card, debit card, Apple Pay, and Google Pay. An approved payment allows the agreement to complete, with the payment record included in the agreement's audit trail. For your customer, it is fast and convenient. For you, it eliminates the costs, delays, and non-payment risks of manual billing.

More contract-signing features for your business

Docusign eSignature makes it simple to collect electronic signatures for contracts, agreements, or any other document type—from real estate contracts to purchase orders—and works on PDFs and Microsoft® Word documents. Close the deal quickly, beat the competition, and get paid faster by using Docusign for all of your business documents.

By using the paid version of Docusign eSignature for contract signing online, you can:

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Good luck, happy signing!
 
The first thing to know is that most contracts for services do not need to be in writing to be enforceable, but it does make it easier to prove the terms of the contract if you have to go court over it. The types of contracts that you typically need to get in writing to be enforceable are those involving the of sales of goods of $500 or more, contracts involving interests in real estate, contracts that, by their terms, will last longer than one year from the time the contract entered into, and contracts to guarantee the debt of another person/entity.

In our digital world the law in most states has finally caught up and recognizes electronic signatures as a valid signature and there are a variety of ways that this can be done. Many states, including GA, have adopted the Uniform Electronic Transactions Act (UETA). You'll find GAs version of that act here: Georgia Electronic Transactions Act. These rules are particularly important for those kinds of contracts that the law requires to be in writing to be enforceable.

A contract for services that is not otherwise required to be in writing just needs to be sufficient to persuade a court from all the evidence that it's more likely than not that he signed it and that the terms in that document are what the final agreement was. So keep all the emails and other correspondence/communications you've had with the mower. If you sign it and send it back to him by e-mail keep your copy of the e-mail as well as the document so you have proof it was sent back to him. That would suffice to prove a small service contract like that (I'm assuming this contract doesn't involve thousands of dollars) in my state's small claims court, and it likely would be enough in GA, too, though I can't guarantee that.
 

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