The Short Answer
Electronic signatures are legally binding in the United States, the European Union, the United Kingdom, Canada, Australia, and most other countries. In the US, two federal laws establish this: the ESIGN Act and UETA.
Both DocuSign and TextoraSign comply with these laws, meaning documents signed through either platform carry the same legal weight as a handwritten signature — assuming the other requirements of a valid contract are met.
The Two Laws That Make E-Signatures Legal
ESIGN Act — Electronic Signatures in Global and National Commerce Act
Federal Law · Enacted 2000
The ESIGN Act established that electronic signatures cannot be denied legal effect solely because they are electronic. It applies nationwide and covers interstate and international commerce. Any contract, agreement, or document can be signed electronically under this law — as long as both parties consent.
UETA — Uniform Electronic Transactions Act
Adopted by 49 states · Enacted 1999
UETA is a uniform state law adopted by 49 US states that gives electronic records and signatures the same legal status as paper records and handwritten signatures. It covers electronic contracts, documents, and signatures used in business and government transactions.
What Makes an E-Signature Legally Valid?
For an electronic signature to be legally valid under ESIGN and UETA, four requirements must be met:
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Intent to Sign
The signer must intend to sign the document — clicking "I agree" or drawing a signature counts.
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Consent to Electronic Signing
Both parties must consent to conducting the transaction electronically.
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Association with the Document
The signature must be logically associated with the document being signed.
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Record Retention
A record of the signature must be retained and reproducible.
TextoraSign satisfies all four requirements plus captures additional forensic evidence: IP address, timestamp, geolocation, device type, browser, and a SHA-256 hash of the signed document.
Documents That Cannot Be Signed Electronically
While most documents can be signed electronically, a few categories still require handwritten signatures:
- Wills, codicils, and testamentary trusts
- Adoption and divorce proceedings
- Court orders and official court documents
- Notices of utility termination
- Documents governed by the Uniform Commercial Code (certain sections)
Real estate contracts, employment agreements, NDAs, service agreements, and the vast majority of business documents can all be signed electronically.
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Frequently Asked Questions
Are electronic signatures legally binding in all 50 states?
Yes. The ESIGN Act is federal law that applies in all 50 states. Additionally, 49 states have adopted UETA. New York uses its own Electronic Signatures and Records Act (ESRA) which has similar provisions.
Is TextoraSign ESIGN Act compliant?
Yes. TextoraSign complies with both the ESIGN Act and UETA. Every signed document includes a tamper-evident seal, SHA-256 document hash, complete audit trail, and certificate of completion — all meeting the legal requirements for evidentiary purposes.
Can I use TextoraSign for real estate contracts?
Yes. Real estate contracts including purchase agreements, listing agreements, and disclosure documents can all be signed electronically under ESIGN and UETA. TextoraSign is used by real estate professionals across Texas and the United States for this purpose.
How does TextoraSign prove who signed a document?
TextoraSign captures the signer's email address, IP address, geolocation, device fingerprint, and timestamp. Combined with the document hash, this creates a forensic record that proves who signed, when they signed, and that the document hasn't been altered since signing.