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2099 Views 2 Replies Latest reply: Apr 15, 2012 9:52 PM by info@stayattremblant.com RSS
New Member 1 posts since
Apr 11, 2012
Currently Being Moderated

Apr 12, 2012 9:08 PM

Using website to have renters review rental terms

Has anyone put there rental contract on their website and just asked the renter to sign that they reviewed it and accept the terms and conditions? I currently have renters sign and return the agreement and was thinking of streamlining the process.

  • carol Community Ambassador 954 posts since
    Dec 10, 2010
    Currently Being Moderated
    Apr 12, 2012 11:02 PM (in response to jvkissme)
    Re: Using website to have renters review rental terms

    That sure would be simpler; but I just don't know how binding it would be.  I've read in this forum that some owners have lost cases when they didn't have the renter initial within so many inches of the cancellation clause -- how could it ever hold up in court?

     

    I'd like to hear not only if others have done this, but if it has held up in court.

  • info@stayattremblant.com Community Ambassador 373 posts since
    Aug 25, 2011
    Currently Being Moderated
    Apr 15, 2012 9:52 PM (in response to jvkissme)
    Re: Using website to have renters review rental terms

    That's a great question / suggestion.

    I hadn't thought of asking for an e-signature via a web-site but that sounds like a good / viable idea.

     

    Currently, I present my rental terms to guests in an e-mail and ask them to e-mail me back and enter the words:

     

    "I agree to the rental terms."

     

    That's it, that's all.  Clean and simple and guests love it.

    In 6 years of renting two condos (close to 500 rentals), I have never had an issue when using this method.

     

    Would it stand up in court?  Honestly, I don't know -- but my feeling is that if I've done my due dilligence on my guests, the exchange of legal paperwork and signatures is just monkey-work that detracts from the guests' experience.

     

    I would, however, be interested in hearing from anyone who actually knows the legalities of such e-signature style agreements.  I agree that it's prudent to be fully-informed.

     

    P.

     

    P.S. some references:

     

    http://pages.ca.inter.net/~euclid1/esiglaws.html

    http://en.wikipedia.org/wiki/Electronic_signature

    http://en.wikipedia.org/wiki/Digital_signatures_and_law

     

    In the case of Mehta v J Pereira Fernandes the English High Court held that

    "if a party or a party's agent sending an e mail types his or her or his or her principal's name to the extent required or permitted by existing case law in the body of an e mail, then in my view that would be a sufficient signature..."

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