A contract for land must be signed by the party against whom it is to be enforced. Where a person signs for another, as attorney, as a director of a company, or as an agent authorised in writing, that authority must be noted beneath the signature and the signer's name printed for identification. Where an estate agent secures a signature, section 53 of the Estate Agents Act 1980 requires the signer to have received the contract, any special conditions and the vendor statement at the time of signing.
Electronic signatures are recognised at common law and are confirmed by the Electronic Transactions Act 1999 and, in Victoria, the Electronic Transactions (Victoria) Act 2000. Section 9 of the Victorian Act treats a signature requirement as met by an electronic communication where the signature identifies the person and indicates approval of the information, the method is appropriate, and the person consents to the electronic form. In practice a representative's confirmation that a party has signed electronically and intends to be bound is a reliable method, and an authority to an agent signed electronically also satisfies the Instruments Act 1958.
It is the intention to be bound, shown by placing a mark on the document, that gives a signature its effect, not the form of the mark. A power of attorney authorises the attorney to deal with the donor's property as the donor could, subject to any limits in the instrument.
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Signing for a company or under a power of attorney needs the authority correctly noted, or enforcement can be challenged. A buyer's execution operates as an offer that lapses if not accepted within the stated time.
Law referenced: Instruments Act 1958 s 126; Electronic Transactions Act 1999; Electronic Transactions (Victoria) Act 2000 s 9; Estate Agents Act 1980 s 53; Powers of Attorney Act 2014. Section B. The deposit, cooling off and getting out