Can the ExA Form be signed electronically?

Yes. Electronic signatures are legally binding under the ESIGN Act (15 U.S.C. §7001) and UETA in most states, except for specific statutory exceptions such as wills or certain court filings; confirm your state and transaction type before relying solely on eSignature.

Is remote online notarization acceptable?

Many states permit RON with identity proofing, audio‑visual recording, and journal retention; check the state's notary commission rules and retain required recordings per the state's retention rules.

What if the signer's name does not match ID?

Name mismatches commonly delay closing and recording. Correct the form or attach supporting documentation (e.g., affidavit of name change) and re-execute if necessary.

How long should records be kept?

Retain executed documents according to federal and industry rules: IRS-related records for at least 3 years (IRC §6501(a)) and HIPAA-related records for 6 years (45 CFR §164.530(j)); some states require longer retention.

How do I fix a signing error after execution?

Common remedies include executing an amendment or ratification, obtaining a corrective affidavit, or re-executing the form; consult legal counsel when the error affects title or tax reporting.

What security and compliance measures should the signing platform provide?

Platforms should support TLS 1.2/1.3, AES-256 at rest, detailed audit trails, and relevant certifications (SOC 2 Type II, ISO 27001). For health-related data or HIPAA-covered entities, a BAA is required.

Real Estate ExA Form

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REAL ESTATE EXA FORM

Parties

Buyer Name:

Buyer Contact Information

Seller Name:

Seller Contact Information

Property Identification

Property Address Parcel / APN Number Legal Description

Purchase Terms

Purchase Price: $ payable as set forth below.

Earnest Money Deposit

Deposit Payable To:

Deposit Due On or Before:

Financing

Buyer will apply for the following financing: . Financing contingency period ends on:

Inspection

Inspection period (days): . Inspection contingency expires on: .

Closing & Possession

Closing Date: . Possession to be delivered: .

Allocations and Costs

Closing costs to be allocated as follows: Seller pays ; Buyer pays .

Property taxes, assessments and utilities shall be prorated through the date of closing in accordance with customary local practice.

Seller Disclosures

Lead-Based Paint: Yes No

Known Mold or Water Intrusion: Yes No

Prior Material Damage or Repairs (fire, flood, structural): Yes No

Seller Disclosure Summary

Default and Remedies

Time is of the essence for all dates stated herein. If Buyer fails to timely close in breach of this agreement, Seller may retain the earnest money as liquidated damages and pursue any additional remedies at law or in equity. If Seller fails to convey marketable title at closing, Buyer may elect specific performance or terminate and receive return of all deposits.

The parties agree that any legal action relating to the enforcement of this agreement shall first provide the non-breaching party written notice specifying the alleged breach and a 15-day period to cure where practicable.

Title and Insurance

Seller will provide an owner’s title policy at closing and deliver marketable title free and clear of liens except as otherwise provided in this agreement. Buyer shall obtain hazard insurance effective as of the date of possession.

Representations and Warranties

Each party represents that it has authority to enter into this agreement, that all statements made in writing herein are true and correct to the best of that party’s knowledge, and that the execution and performance of this agreement will not violate any other agreement binding on that party.

Insurance, Maintenance, and Risk of Loss

Risk of loss shall remain with Seller until closing and delivery of possession, unless otherwise agreed in writing. Seller shall maintain insurance on the property until closing. Buyer shall be responsible for utilities and insurance from the date of possession.

Governing Law; Entire Agreement

This agreement shall be governed by the laws of the state in which the Property is located. This instrument, together with any attachments or addenda signed by the parties, constitutes the entire agreement between the parties concerning the Property and supersedes all prior agreements and understandings, whether written or oral.

Acknowledgements and Certifications

By signing below Buyer and Seller certify that they have read and understand the terms and conditions set forth in this Real Estate ExA Form and that each has received a fully executed copy of this agreement upon request.

Additional Terms or Addenda:

Buyer Printed Name:

By:

Date:

Seller Printed Name:

By:

Date:

What the Real Estate ExA Form Is and when it's used

The Real Estate ExA Form is a standardized execution and authorization document used in property transactions to record parties' agreement, signatures, and essential deal data (property description, consideration, closing terms, and authorized agents). It functions as an execution exhibit that accompanies purchase agreements, lease documents, or closing packages and is commonly used by brokers, title companies, lenders, and attorneys to confirm authority to sign and bind a party. When completed correctly the form supports electronic execution consistent with the ESIGN Act (15 U.S.C. ch. 96) and state UETA frameworks.

Why a clear ExA Form matters for property transactions

A properly completed Real Estate ExA Form reduces closing delays, documents signer authority, and creates a retrievable record that courts and title insurers can use. Electronic execution under ESIGN (15 U.S.C. §7001) and state UETA statutes preserves enforceability for interstate and intrastate transactions when statutory exceptions do not apply.

Typical users and stakeholders for the ExA Form

The Real Estate ExA Form is used by multiple parties across a transaction lifecycle; the items below summarize core user groups.

Real estate brokers and agents — prepare and deliver the form to buyers or sellers for signature and confirm authorized signatories.
Title companies and closers — verify execution, request notarization when required, and attach to closing bundles for recording.
Lenders and attorneys — require completed authorizations for loan documents, power-of-attorney delegations, or closing-authority confirmations.

Knowing which party completes each section helps avoid duplicate or missing signatures and speeds title review and recording.

Core sections to include on a professional ExA Form

A professional Real Estate ExA Form groups core data so parties and reviewers can confirm identity, authority, and transaction terms at a glance.

Parties

Full legal names and business entities for each party; include title/role and representative contact details to ensure proper attribution.

Property

Legal description and street address plus parcel ID where available; avoid abbreviated descriptions that can create title search discrepancies.

Consideration

Purchase price or consideration description, including any non-cash items or contingent credits that affect closing statements and tax reporting.

Effective Date

The date the authorization takes effect and any expiration or termination conditions that limit signing authority or delegation duration.

Signature Block

Designated signature lines for each party, printed name, title (if entity), and date; indicate whether initials are required on each page.

Authentication

Notary or witness lines, ID verification method, and any RON session or audio‑visual record references required for notarization or notaristation.

Step-by-step: completing and validating the ExA Form

Follow these sequential steps to prepare, execute, and deliver a legally valid Real Estate ExA Form for closing and recording.

01

Prepare the form: Populate parties, property, effective date, and required exhibits.
02

Confirm authority: Verify signer's capacity and corporate authorization documents.
03

Execute with authentication: Collect signatures, apply notarization or RON when required.
04

Distribute and file: Provide executed copies to title, lender, and recorders as needed.

Typical eSigning workflow for the ExA Form

An electronic workflow simplifies execution while preserving an audit trail; the following steps represent the common flow used for remote or in-person eSignatures.

Upload document: Load the completed ExA Form into the signing platform as PDF or DOCX.
Add fields: Place signature, date, and notary fields where required.
Send to signers: Email or share signing links in the required signing order.
Capture execution: Signer authenticates, signs, and receives final signed copy with audit trail.

Suggested signing configuration for an efficient ExA workflow

Configure authentication, signing order, and reminders to match transaction complexity and risk profile.

Field	Setting
Authentication	Email link + optional SMS code
Signing order	Sequential for lender/title, simultaneous for co-signers
Reminders	Automated 48-hour and 7-day reminders
File format	Upload as PDF/A or DOCX for compatibility

Technical considerations for eSigning and submission

Ensure the chosen platform supports required formats, authentication strength, and any notarization or audit-trail retention mandated by the transaction.

File formats: PDF, DOCX, and PDF/A supported
Authentication: Email, SMS code, or KBA options
Integrations: Salesforce, NetSuite, Google Workspace

Timing and common scheduling expectations

Real estate transactions require coordination; the schedule below lists typical deadlines related to an ExA Form and associated steps.

Acceptance deadline:

Provide signed ExA Form by the buyer/seller acceptance date specified in the purchase contract.

Pre-closing delivery:

Deliver executed form to title company at least 48–72 hours before closing to allow review.

Closing date:

Sign and notarize documents on or before the agreed closing date to permit timely recording.

Recording window:

File deed and supporting exhibits with county recorder promptly after funding to complete transfer.

Retention action:

Retain executed originals and electronic copies per record retention rules described below.

Key transaction milestones from execution to recording

These sequential milestones summarize the critical stages after form completion to final public recording and file closing.

01

Drafting and review

Prepare form and attach exhibits; legal review for special authorizations occurs here.

02

Execution

All parties sign; notary or RON session completed as required by jurisdiction.

03

Title clearance

Title company confirms satisfaction of conditions and prepares closing statement.

04

Recording

Deed and ExA exhibit are recorded at the county recorder to effect public transfer.

Common preparation and execution mistakes to avoid

Mismatched names or titles between the ExA Form and government IDs cause re-execution and closing delays.
Incomplete legal property descriptions or missing parcel IDs lead to title exceptions and recording rejections.
Failing to notarize when required by state law invalidates the document for recording purposes.
Using initials in place of full signatures where the form requires a full signature can create enforceability disputes.

Risks and potential legal consequences of errors

Title Defect: Creates exceptions that may delay or block transfer.

Delay in Closing: Missed deadlines may trigger contract remedies or loss of deposit.

Recording Rejection: County recorder may refuse documents with improper acknowledgment.

Invalid Signature: Improperly authenticated e-signatures risk later challenge.

Tax Impacts: Incorrect consideration reporting may affect IRS filings.

Civil Liability: Misrepresentation of authority can expose signers and agents to suit.

Security and compliance controls relevant to execution and storage

Transport Security: TLS 1.2/1.3 in transit

Data at rest: AES-256 encryption

Audit Trail: Tamper-evident timestamp and action log

Certifications: SOC 2 Type II, ISO 27001

Regulatory Support: ESIGN, UETA, 21 CFR Part 11

Health Data: HIPAA compliance (BAA required)

Common eSignature vendor comparison for executing the ExA Form

The table summarizes typical vendor starting prices and high-level capability indicators relevant to executing and storing Real Estate ExA Forms.

	signNow	DocuSign	Adobe Sign	PandaDoc	HelloSign
Starting Price	$8/user/mo	$15/user/mo	$14/user/mo	$19/user/mo	$15/user/mo
Free Trial	7-day free trial	No	No	Yes, limited	Yes, limited
Bulk Send	Yes	Yes	Yes	Yes	No
Audit Trail	Yes	Yes	Yes	Yes	Yes
HIPAA Compliant	Yes	Yes	Yes	No	No
Envelope Cap	No cap	100 envelopes/user/year	Varies by plan	Varies by plan	Varies by plan

Real-world examples of using the ExA Form

These short case notes show common ways organizations use the ExA Form to streamline closings and maintain compliance.

Residential Closing at Scale

A regional brokerage used the ExA Form to collect signatures online for 150 closings a month

Used sequential signing and title integration
Resulting package standardized signatures, reduced courier costs, and sped fund disbursement for each closing.

Title Company Remote Notarization

A county title firm adopted remote notarization for out‑of‑state sellers

Implemented audio‑visual RON with retained recording
This allowed timely recording when in-person notarization was impractical and preserved chain-of-custody evidence.

Practical tips for accurate, efficient ExA Form completion

Adopt consistent procedures across transactions to reduce friction and post-closing corrections.

Verify identity early

Confirm government ID and printed name before sending the form to avoid re-signatures at closing.

Use full legal descriptions

Provide complete legal parcel descriptions to prevent title exceptions and recording rejections.

Coordinate notarization

Decide whether RON or in-person notarization is required and schedule it prior to closing.

Keep audit logs

Retain the complete audit trail showing timestamps, IP addresses, and signer authentication.

Frequently asked questions about the Real Estate ExA Form

Answers to common execution, notarization, retention, and eSigning questions to help avoid delays and compliance issues.

Need help? Contact support

Can the ExA Form be signed electronically?
Yes. Electronic signatures are legally binding under the ESIGN Act (15 U.S.C. §7001) and UETA in most states, except for specific statutory exceptions such as wills or certain court filings; confirm your state and transaction type before relying solely on eSignature.
Is remote online notarization acceptable?
Many states permit RON with identity proofing, audio‑visual recording, and journal retention; check the state's notary commission rules and retain required recordings per the state's retention rules.
What if the signer's name does not match ID?
Name mismatches commonly delay closing and recording. Correct the form or attach supporting documentation (e.g., affidavit of name change) and re-execute if necessary.
How long should records be kept?
Retain executed documents according to federal and industry rules: IRS-related records for at least 3 years (IRC §6501(a)) and HIPAA-related records for 6 years (45 CFR §164.530(j)); some states require longer retention.
How do I fix a signing error after execution?
Common remedies include executing an amendment or ratification, obtaining a corrective affidavit, or re-executing the form; consult legal counsel when the error affects title or tax reporting.
What security and compliance measures should the signing platform provide?
Platforms should support TLS 1.2/1.3, AES-256 at rest, detailed audit trails, and relevant certifications (SOC 2 Type II, ISO 27001). For health-related data or HIPAA-covered entities, a BAA is required.

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