Humber/Ontario Real Estate Course 1 Exam Practice

Salesperson Kim prepares an agreement of purchase and sale and sends it to buyers Henry and Emma Martin for an electronic signature. The buyers prefer to sign a printed version, but the seller signs electronically. Is this agreement valid?

1. Is not a valid document, as the buyers did not consent to the use of electronic signatures

2. Is a valid document as both parties have signed

3. Is not a valid document, as electronic signatures are mandatory under the Electronic Commerce Act

4. Is a valid document if Salesperson Kim witnesses the seller's acceptance electronically

The correct answer is: Is not a valid document, as the buyers did not consent to the use of electronic signatures

The correct answer is A. In this scenario, the agreement of purchase and sale would not be considered valid because the buyers, Henry and Emma Martin, did not give their consent to the use of electronic signatures. This is important because in real estate transactions, all parties involved must agree on the method of signature to ensure the validity of the contract. Since the buyers preferred to sign a printed version rather than electronically, the agreement would not be legally binding without their consent to electronic signatures.