Signing a contract on behalf of your absent parner

As always with property time is of the essence. We wish to submit an offer but I'm in Melbourne and he is in Sydney for a few days without access to a printer or scanner.

Is it legit for me to sign the contract on behalf of both? There is a nominee clause so I expect the wouldn't be an issue.

Alternatively to say on the safe side would it be an option to get him to quickly draw up some kind of authority, have it witnessed and text me a photo?

 

Do you have power of attorney for him (and/or him for you)?

Assuming not given the question, but just checking....

 

No it is not legit!

He could appoint you attorney though. it would need to be registered with the land titles office to deal in land though. But this may not be needed if he is going to sign the transfer - as long as the vendor agrees.

check with your lawyer as spouses can usually sign in one name and then settle in 2 names with nominal duty payable.

 

The intention is to own the property (and take the mortgage) jointly.

But I'm getting the vibe it may be better to wait until he is back in town on Thursday?

We are not married

 

No need to wait. Are you spouses?

 

Thanks for your help with this terry.

We are de-facto. Over 10 years.

Could I make a notation on the contract that I am signing on behalf on both?

Would rather not incur any additional expenses!

 

Speak to your lawyer about signing in your name only.

 

Thanks again terry. Will do

 

Digitally sign? There are smartphone apps such as foxit pdf that let you sign on the touchscreen and embed your signature in a document. He signs, sends to you, you sign, email to agent?

Alternatively, I'm sure Sydney has an officeworks/kinkos/public library where he could physically print/sign/scan as well. Only need a smartphone to scan, try camscanner.

 

He could always go to office works, print out sign, and photo back to you with the original in the mail if need be

 

Another option I was also considering.

He will also have to have it witnessed so the digital signature option is out.

 

You can do multiple signatures digitally.

 

in vic you can probably nominate a spouse without any duty issues, but check with your lawyer

 

Correct.

 

In NSW a digital signature is not acceptable for a deed or contract and also cannot be witnessed (ie a will or a POA etc). Unsure if Vic has a electronic signatures rule.

A circular signature may work. Partner signs a copy of the relevant page and faxes it. You then sign and attach that page to balance of contract. Subject to legal advice of course.

 

ELECTRONIC TRANSACTIONS (VICTORIA) ACT 2000 - SECT 9 Signatures

Vic Law above. s9(1)a and c seems the problem part

 

Deeds can't be signed electronically, anywhere, but contracts can, including in NSW ELECTRONIC TRANSACTIONS ACT 2000 - SECT 9 Signatures

 

What a gold mine of information this place is! Thank you for all of your contributions.

We ended up doing it by me completing the details and signing and emailing to him. He had hotel print it, signed and witnessed at the cop shop and then final copies sent by email to agent. With originals to be posted.

Now to wait nervously..

 

True love is when you can trust each other to forge signitures. Love trumps the law

 

Haha he said I was being a tightarse by following the rules, but being in the legal field myself it just ain't worth it.