The Peril of Electronic Signatures

James L. Goldsmith, Esquire: Mette, Evans, & Woodside • May 25, 2023

What percentage of the agreements you draft are signed via eSignature software? For most of you, it’s a high percentage.


The impersonal method of presenting contracts for signature breathes a renewed vigor into an old complaint. The old complaint is that “I didn’t know what I was signing.” That complaint today is more credible when the document is not reviewed with the client in person.


Because most of my law practice involves representing real estate brokers and salespersons in malpractice cases, I see it all too well. Clients miss deadlines, or they now regret waiving inspection contingencies, fail to note that the property is enrolled in a preferential tax program or who knows what else. Chances are that the licensee’s defense is rooted in the agreement of sale. The agreement explains everything and it offers more than sufficient instructions, cautions and safeguards. If the client chooses not to read the agreement, that is one thing; if the client is given no opportunity to review the agreement, that’s another.


How do you review for your client a document that he/she will e-sign? The best practice is to meet in person but if that is not practical, then a detailed telephone conversation can work. You and the client have to be on the same page, literally. Expect the call to take at least forty-five minutes because you are going to go through the agreement paragraph by paragraph except for those provisions that do not apply to the transaction.


 I don’t argue that you have to read the agreement, but you do have to paraphrase it with accuracy and detail. What is meant by marketable title as opposed to title that is free and clear? Does the buyer know that signing the standard agreement means buyer agrees to take title even if it is burdened with easements? Are you prepared to discuss all of the other nuisance presented by the agreement? I cannot over-emphasize the need to learn the agreement, backwards and forwards!


 A carpenter certainly knowns how to use the tools of his or her craft. Your go-to tool is the agreement of sale and there is no excuse for not knowing the meaning of every clause in it. PAR has the resources you need, especially in its Guidelines for preparation and use of the agreement.


You will know when you have properly explained the agreement because your client will groan or surrender or signify their understanding some way. That’s good. You want your clients to know that you did a thorough job. You want it so that they will never have the courage to make up a story that you didn’t properly review the agreement before they signed.


Copyright © James L. Goldsmith, Esquire 2023

All Rights Reserved.


 Mr. Goldsmith is an attorney with Mette, Evans & Woodside. He serves as outside legal counsel to numerous Realtor Associations and was a staple on the PAR Legal Hotline for many years. A substantial portion of his practice is dedicated to providing advice and counsel to real estate licensees. He defends real estate salespersons and brokers in civil lawsuits and licensing claims across the Commonwealth. He represent Realtors® in disciplinary cases conducted before the Real Estate Commission. Jim was one of the voices of the PAR Legal Hotline for the first 27 years following its inception in 1992.


October 12, 2026
LANCASTER, PA – Lancaster County's housing market continued to show strength in September 2026, with rising home prices, increased inventory, and stronger year-over-year sales activity, according to the latest statistics from Bright MLS. The median sold price reached $370,000, a 4.2% increase from September 2025. A total of 457 homes were sold during the month, up 6.5% from the previous year. Housing inventory also improved, with 779 active listings, an increase of 17.3% compared to September 2025. New listings rose 4.8% to 551 properties, providing buyers with additional opportunities. “Lancaster County continues to demonstrate the strength and stability of our local housing market,” said Christina Diehl, President of the Lancaster County Association of REALTORS® (LCAR). “The increase in available homes is encouraging for buyers, while continued price appreciation reflects the strong demand for housing in our community.” Homes continued to sell quickly, spending an average of just 20 days on the market, compared to 25 days a year earlier. Properties also sold at an average of 103.1% of their original listing price, demonstrating continued competition among buyers. Year-to-date figures remain positive, with closed sales increasing 2.7% and the median sold price rising 4.3% to $365,000. “As we enter the final months of 2026, we remain optimistic about Lancaster County's housing market,” Diehl added. “While increased inventory offers buyers more choices, demand remains strong. Working with a knowledgeable local REALTOR® continues to be an important advantage for both buyers and sellers.” About the Lancaster County Association of REALTORS® The Lancaster County Association of REALTORS® (LCAR) represents real estate professionals throughout Lancaster County and is dedicated to promoting homeownership, protecting private property rights, and supporting professionalism in the real estate industry. 
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By Wayne Angelo, Cross Country Mortgage and Bill Stull, Abstract Associates of Lancaster • August 17, 2026
When purchasing a home, buyers often have the option of choosing either a standard or enhanced owner’s title insurance policy. Both policies protect the buyer’s ownership interest in the property, but the enhanced policy provides several valuable protections that go beyond the coverage included in a standard policy. The enhanced policy is available for purchases of one-to-four-family residences and condominiums when the property is being purchased in an individual’s name, rather than in the name of an LLC, corporation, partnership, or other entity. A standard owner’s policy protects against common title problems, including defects, liens or claims against the property, an unmarketable title, and a lack of legal access. The enhanced policy includes those protections while adding coverage for issues that are especially relevant to homeowners, including certain building permit and zoning violations, improper subdivisions, vehicular access problems, and structures that encroach onto the property after the buyer takes ownership. One of the most important added benefits is post-policy forgery protection. A standard policy generally protects against title issues that existed before the buyer purchased the property. The enhanced policy also provides protection if someone later forges the homeowner’s signature or creates a fraudulent deed that clouds the homeowner’s title. With real estate and identity fraud becoming an increasing concern, this protection alone can provide homeowners with valuable peace of mind. The enhanced policy also includes an automatic increase in coverage. The policy amount increases by 10% each year during the first five years of ownership, up to 150% of the original policy amount. This helps the coverage keep pace as the value of the property increases. In Pennsylvania, the enhanced policy is available for a one-time premium that is only 10% higher than the standard owner’s policy premium, with no annual renewal cost. At Abstract Associates, we believe buyers should understand the difference between the two policies before making their decision. For a relatively small additional cost at settlement, the enhanced policy provides broader protection that can continue to benefit the homeowner long after closing.
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Reverse Mortgage
By Wayne Angelo & Megan Brogna – CrossCountry Mortgage • July 31, 2026
Most people think of a reverse mortgage as a way for homeowners to access the equity they've built in their current home. While that's certainly true, many Realtors are surprised to learn that a reverse mortgage can also be used to purchase a new home. What Is a Reverse Mortgage? A reverse mortgage, also known as a Home Equity Conversion Mortgage (HECM), is an FHA-insured loan available to homeowners age 62 and older. Instead of making monthly mortgage payments, eligible borrowers can use a portion of their home's equity to eliminate an existing mortgage, establish a line of credit, receive monthly payments, or simply improve cash flow. Borrowers remain responsible for paying property taxes, homeowners' insurance, maintaining the home, and continuing to occupy it as their primary residence. What Is a Reverse Mortgage for Purchase? A HECM for Purchase allows qualified buyers age 55 and older to purchase a new primary residence using a substantial down payment and a reverse mortgage—without the obligation of monthly principal and interest payments.* This program can be an excellent solution for: Buyers looking to downsize. Retirees relocating closer to family. Homeowners moving into a 55+ community. Clients seeking a home that better fits their retirement lifestyle. Buyers who want to preserve more of their retirement savings or investment assets. Instead of paying all cash for a home, buyers can finance part of the purchase through a reverse mortgage, allowing them to keep more of their liquid assets available for future needs. Why Realtors Should Know About This Program A Reverse Mortgage for Purchase can help clients: Increase purchasing power. Improve monthly cash flow. Preserve retirement savings. Purchase a home that better meets their long-term needs. Age in place more comfortably. For many older buyers, this financing option can make the difference between settling for a home and purchasing the one that truly fits their retirement goals. If you work with clients who are 55 or older, a Reverse Mortgage for Purchase may be worth exploring before they write an offer. *Borrowers must continue to pay property taxes, homeowners insurance, maintain the property, and occupy the home as their primary residence. The amount available depends on factors including the youngest borrower's age, current interest rates, and the home's value. Facts, opinions and information expressed in the Blog represent the work of the author and are believed to be accurate but are not guaranteed. The Lancaster County Association of Realtors is not liable for any potential errors, omissions or outdated information. If errors are noted within a post, please notify the Association. Posts represent the author's opinion and are not necessarily the opinion of the Association.