1. Using a Digital Signature on an Offer to Purchase

While electronic signatures are generally legal, there’s an important exception when it comes to property transactions. The sale of immovable property (land or buildings) must be in writing and signed by both parties.

Here’s what that means in practice:

• Wet ink signatures are standard: You can print the offer, sign it manually, and scan it to send electronically.
  
  
• Witnesses and initials: There’s no legal requirement for witnesses or for each page to be initialled, but these practices are common. Some banks may also request that the accepted offer be witnessed and initialled for their internal processing.
  

 

So, while e-signatures are convenient, a traditional signed copy (even if scanned and emailed) is generally necessary to meet legal requirements.

 

2. Is a Property Condition Report Required?

The property condition report is a critical document in any property sale. Here’s why:

• Agent commission: If an offer is submitted without a condition report, the selling agent may not be entitled to a commission.
• Seller liability: Without a condition report, the property is considered sold “without defect.” Any defects present may be assumed to be known to the seller, potentially leading to legal claims.

Even when selling vacant land, a condition report is important. It can highlight:

• Restrictions on building due to environmental protections (e.g., endangered species habitats)
• Structural or ground issues, such as large sewer pipes or soil that cannot support buildings

Essentially, the condition report protects both the buyer and the seller.