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Hi,

My parents own a rental house in Burgundy. We have a rental contract and until now have not accepted fax signatures as legally binding. This is quite inconvenient for us as we are in the US and most of our clients are from the UK, and while each postal service runs well internally, the two do not talk to each other well. It's not unusual for letters to take a month to arrive from the UK.

We know that fax signatures are legally binding in the US, but does anyone know if they are (and where I should research this) in France? (and also in the UK too, I suppose...)

Thank you in advance...
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IANAL but;

In the UK a contract (this is what we are talking about here) is binding, regardless as how it was established, unless someone can prove otherwise (to the satisfaction of a Court). I suspect that the same applies in France.

Hence, a verbal agreement to do/not do something is enforceable, provided it is provable. Signatures become irrelevant (regardless of what they are on) unless the signatory can prove that it was not his.

US and UK/French civil law differs considerably. Where are you establishing the contract? As I understand it, if you are in the US (even if the client and the property are not) then you can establish the contract under US law - provided you say this. Of course, prosecuting someone across the Atlantic is nigh on impossible. Better to avoid the need by taking CC details/sensible deposits.

As I said, IANAL, get confirmation from someone (in France) who is!

 

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I have a feeling that they are in France too, after all there has to be an original copy to send by fax which the sender has signed. Here I have always signed official papers adressed to my husband including medical papers,tax paperwork and insurance contracts and they have always been accepted without question. France is a stickler for any written proof in case of legal action.We always send two estimates to would-be clients and insist they return one signed and worded etc before we will accept their jobs.
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