Are electronic signatures valid?

Yes. Electronic signatures are generally enforceable under the federal ESIGN Act (15 U.S.C. §7001) and the Uniform Electronic Transactions Act (UETA) where adopted. Confirm exceptions such as wills or certain court orders before proceeding.

When is notarization required?

Notarization depends on the transaction and state law. Real property deeds and some powers of attorney require notary acknowledgement; contracts rarely do unless a state or counterparty specifically requires it.

Can the agreement be signed remotely?

Remote online notarization (RON) is available in many states with identity proofing and recorded AV sessions. Verify the state's RON rules and the counterparty's acceptance before relying on RON.

What happens if a field is entered incorrectly?

Minor clerical errors can often be corrected by an amendment or corrected counterpart; critical errors like wrong party names or TINs may require re-execution to ensure enforceability and accurate tax reporting.

Who should review the agreement before signing?

Have legal counsel or a compliance officer review for repayment mechanics, disclosure adequacy, and state-specific lending laws when dealing with regulated transactions.

How can I cancel or revoke the agreement?

Cancellation or revocation must follow the contract’s termination clause and applicable law; unconditional revocation after signing is generally not permitted without mutual consent or statutory rescission rights.

Electronic Signature
Templates
Real estate
Real Estate MCA Agreement

Real Estate MCA Agreement

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REAL ESTATE MCA AGREEMENT

Parties and Transaction

This Real Estate MCA Agreement ("Agreement") is entered into by and between:

Buyer / Borrower Name: Buyer / Borrower Address: MCA Lender / Seller Name: Lender / Seller Address:

Property Identification

Property: Street Address: Parcel / APN:

Legal Description:

Transaction and MCA Financial Terms

Purchase Price or Principal Amount: $ Earnest Money / Deposit: $

MCA Advance Amount (if different from purchase price): $ Interest Rate / Fee Structure:

Repayment Terms and Schedule:

Closing Date: Possession Date:

Escrow Holder: Escrow Instructions (brief):

Contingencies and Inspections

Inspection Period (number of days after Effective Date): Financing Contingency Deadline:

Inspection and Cure Rights:

Property Disclosures

Seller/Lender discloses the following to the best of its knowledge. Indicate Yes or No for each item.

Lead-Based Paint Present? Yes No

Known Mold or Water Intrusion? Yes No

Prior Structural or Fire Damage Repaired? Yes No

Additional Disclosures or Exceptions:

Security, Title and Insurance

Security Instrument: The Borrower grants and pledges the Property as security for repayment of the MCA Advance. All liens, mortgage/grant deed details and priority statements shall be prepared in accordance with escrow instructions and recorded as necessary to perfect the Lender's security interest.

Required Insurance:

Default, Remedies and Fees

Events of Default include failure to make payments when due, breach of material covenants, insolvency, failure to close escrow, and failure to maintain insurance. Upon an Event of Default, Lender shall have all remedies available at law and equity including acceleration of the balance, foreclosure of the security instrument, and recovery of costs, fees and attorneys' fees.

Late Fee and Collection Costs:

Representations and Warranties

Each party represents and warrants that it has full authority to enter into this Agreement, that the information provided is true and correct, and that no other agreements conflict with the terms hereof. Borrower warrants title will be delivered free of undisclosed liens except as explicitly stated in escrow instructions.

Governing Law; Entire Agreement; Severability

This Agreement shall be governed by and construed in accordance with the laws of the state in which the Property is located. This Agreement contains the entire agreement between the parties concerning the subject matter hereof and supersedes all prior agreements. If any provision is held invalid, the remainder shall continue in full force and effect.

Notices

Notices must be in writing and delivered to the addresses set forth above by personal delivery, certified mail, or overnight courier and shall be effective upon receipt.

Other Agreements, Addenda or Exhibits Attached:

Execution

The parties, intending to be legally bound, have executed this Agreement as of the Effective Date set forth below.

Effective Date:

Buyer / Borrower Printed Name:

By:

Date:

Lender / Seller Printed Name:

By:

Date:

What a Real Estate MCA Agreement Is and when it’s used

A Real Estate MCA Agreement is a written contract that defines terms between parties involved in a real estate financing or cash-advance arrangement. It sets out the advance amount or purchase, repayment or remittance method, recourse and non-recourse provisions, fee structure, advance holdbacks, and timing for funding and reconciliation. The agreement can apply to merchant cash advances tied to real estate operations, short-term property bridge funding, or broker-facilitated advances and should specify governing law, dispute resolution, and default remedies. Clear definitions and signatures from authorized representatives make the contract enforceable.

Why a clear Real Estate MCA Agreement matters

A well-drafted agreement reduces misinterpretation, clarifies repayment mechanics, and protects parties from unexpected fees and collection actions.

Who typically completes or signs this agreement

Typical users include lenders, brokers, property owners, and authorized company officers involved in short-term real estate financing.

Lenders and funders who provide merchant cash advances or short-term property financing, responsible for underwriting and funding terms.
Property owners or operators who receive advances and must agree to remittance terms, fees, and reporting obligations.
Real estate brokers, loan servicers, or legal representatives who prepare, review, and execute the agreement on behalf of parties.

Each signer should have the authority to bind their organization and provide accurate tax and identity information.

Core sections to include in a professional Real Estate MCA Agreement

A complete agreement organizes obligations, payment mechanics, disclosure items, and remedies so all parties can evaluate risk and compliance before signing.

Parties

Identify each legal entity, business type, and contact details for notices and tax reporting purposes.

Advance Terms

State the funded amount, factor rate or APR equivalent, and explicit repayment method or remittance percentage.

Repayment Mechanics

Describe ACH pulls, daily remittances, lockbox arrangements, or set periodic payments and reconciliation process.

Fees and Costs

List origination fees, processing fees, late fees, default penalties, and any holdback or reserve policy.

Representations

Include borrower warranties about ownership, authority, tax compliance, and disclosures of encumbrances.

Default & Remedies

Specify cure periods, collection rights, setoff, termination events, and whether recovery is limited to collateral.

Essential data fields to collect and verify

Full Legal Name: Exact entity or individual name as on government ID or formation documents

Tax ID: TIN or SSN for reporting and backup-withholding purposes

Business Address: Street address, city, state, ZIP — P.O. box not recommended

Authorized Signer: Name and title of the person with signing authority

Banking Details: Account and routing numbers or ACH authorization language

Effective Date: MM/DD/YYYY date that starts obligations and funding schedule

Step-by-step: completing a Real Estate MCA Agreement

Follow a consistent order to reduce omissions and ensure all signers have the same versions before executing.

01

Prepare: Assemble borrower details, funding amount, repayment method, and supporting exhibits
02

Populate: Enter names, dates, amounts, addresses, and tax identifiers in each required field
03

Review: Have counsel or authorized officer verify fees, remedies, and governing law
04

Sign: Collect signatures, dates, and witness/notary entries as required

How to configure the agreement for online completion

Configure a digital signing workflow that enforces field completion, signer order, and authentication to preserve enforceability.

Field	Configuration
Required Fields	Mark names, dates, TIN, and signature blocks as required
Signer Order	Set lender or funder to sign last after borrower's attestations
Authentication	Use email link, SMS code, or stronger ID verification for high-risk deals
Audit Trail	Capture timestamp, IP, and action log for each signer

Where signed Real Estate MCA Agreements are typically sent or filed

Routing depends on business process; ensure each required recipient receives an executed copy with the audit trail.

Counterparties: Signed originals to lender, borrower, and broker as applicable
Servicing File: Attach to the loan servicing system or loan file for reconciliation
Accounting: Provide copy to accounting for recognition and withholding
Regulatory: Retain electronic copy for compliance audits and tax reporting

Digital delivery and signing considerations

Use a platform that supports required authentication, preserves an audit trail, and produces tamper-evident signed PDFs.

File Formats: PDF or DOCX preferred for consistent rendering
Authentication: Email, SMS, KBA, or stronger based on risk
Integrations: Connect to CRM, accounting, or loan-servicing systems

Time-sensitive dates to capture in the agreement

Document and enforce critical deadlines to avoid rescission, missed funding windows, or late-payment triggers.

Effective Date:

Date obligations begin and affects statute of limitations

Funding Date:

Date when cash is disbursed or remittance begins

Payment Due:

Recurring remittance schedule or ACH pull dates

Cure Period:

Days allowed to remedy a default before remedies apply

Termination Notice:

Notice window required to terminate or rescind rights

Common mistakes to avoid when preparing the agreement

Using informal or vague repayment descriptions that leave room for interpretation and disputes.
Failing to verify signer authority or missing corporate resolutions for entity signatories.
Omitting tax identifiers or incorrect TINs that trigger backup withholding or reporting errors.
Not specifying governing law and forum, causing jurisdictional disputes and enforcement delays.

Penalties and risks of an incorrect or incomplete agreement

Reporting Penalties: Incorrect tax reporting may trigger IRS penalties and backup withholding

Enforceability Risk: Ambiguous terms can prevent collection or defense in litigation

Default Costs: Unclear default remedies increase litigation and recovery expenses

Regulatory Exposure: Noncompliance with state lending rules may invoke fines

Reputational Harm: Disputes or collections may harm broker and lender reputation

Operational Delay: Missing signatures or attachments delay funding and reconciliation

Real-world examples of agreement use

Practical examples show how different parties execute and rely on this agreement in everyday transactions.

Optica Ventures (Property Bridge)

A small investor needed bridge capital to close a distressed purchase

The funder advanced a short-term MCA structured as a percentage remittance
The executed agreement specified daily remittance, a clear cure period, and accounting exhibits so the parties reconciled receipts without dispute.

Martin Properties (Broker-facilitated Advance)

A broker arranged a short-term cash advance to cover closing gaps

The agreement included a broker fee, reserve holdback, and funding date
Recording precise advance amounts, repayment percentages, and a single governing law clause reduced reconciliation time and improved collection clarity.

Comparing common eSignature vendors for Real Estate MCA Agreements

Select a solution that supports audit trails, required authentication, and state-specific notarization or RON features when needed.

	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	Varies	Varies	Varies	Varies
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/yr	Varies	Varies	Varies

Frequently asked questions about Real Estate MCA Agreements

Answers to common legal, execution, and e-signing questions to help avoid delays or validity issues.

Need help? Contact support

Are electronic signatures valid?
Yes. Electronic signatures are generally enforceable under the federal ESIGN Act (15 U.S.C. §7001) and the Uniform Electronic Transactions Act (UETA) where adopted. Confirm exceptions such as wills or certain court orders before proceeding.
When is notarization required?
Notarization depends on the transaction and state law. Real property deeds and some powers of attorney require notary acknowledgement; contracts rarely do unless a state or counterparty specifically requires it.
Can the agreement be signed remotely?
Remote online notarization (RON) is available in many states with identity proofing and recorded AV sessions. Verify the state's RON rules and the counterparty's acceptance before relying on RON.
What happens if a field is entered incorrectly?
Minor clerical errors can often be corrected by an amendment or corrected counterpart; critical errors like wrong party names or TINs may require re-execution to ensure enforceability and accurate tax reporting.
Who should review the agreement before signing?
Have legal counsel or a compliance officer review for repayment mechanics, disclosure adequacy, and state-specific lending laws when dealing with regulated transactions.
How can I cancel or revoke the agreement?
Cancellation or revocation must follow the contract’s termination clause and applicable law; unconditional revocation after signing is generally not permitted without mutual consent or statutory rescission rights.

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