Electronic signing can make a property transaction more convenient. Whether it is suitable depends on the document, applicable law and the way signing and any witnessing are carried out.
Use the correct legal framework
The Commonwealth Electronic Transactions Act is from 1999; NSW has its own Electronic Transactions Act 2000. Do not treat one law as a universal approval for every property document. Ask your solicitor or conveyancer which requirements apply.
Distinguish the technology
Electronic signature is a broad term for signing electronically. A digital signature commonly refers to a particular cryptographic method. A platform’s label does not, by itself, establish that a document has been validly executed.
Confirm the process before signing
Check the final document, the signer’s identity and authority, and any consent or witnessing requirements. Some NSW documents can be witnessed remotely if the prescribed process is followed; that is a separate question from using an electronic signature.
Keep a complete record
Use the process approved by your legal adviser and retain the executed document and relevant signing record. Verify unexpected signing requests through a known contact. Convenience should help complete the required process, rather than replace it.
Sources and current guidance
- Attorney-General’s Department — electronic signatures
- NSW Communities and Justice — remote witnessing
Guidance reviewed 3 October 2026. Check the linked official information for your circumstances.
