Can a scanned copy of a contract, serve as an original?
Get Legal Help Today
Compare Quotes From Top Companies and Save
Secured with SHA-256 Encryption
Can a scanned copy of a contract, serve as an original?
I’m trying to go paperless in my business. What I have been doing is having my customers sign hard copy contracts, taking their carbon copy, and scanning the copy I have and shredding my hard copy. If push comes to shove, and the customer claims to have “lost” their copy, can my scanned copy serve as my copy? My concern is that the copy I could print would only show the front, which has the details of what they wanted, how much I charged in total, what deposit was made and when. The back side of the contract has all the terms and agreements that they are a accepting by signing. Do I lose my claim because I don’t have their signature on the same piece of paper where the terms are listed?
Asked on September 11, 2014 under Business Law, Maryland
Answers:
SJZ, Member, New York Bar / FreeAdvice Contributing Attorney
Answered 10 years ago | Contributor
Yes, a scanned copy of a contract is enforceable, though the contract should state somewhere in it that a scanned copy constitutes an enforceable copy of the contract and no original is required, and that a scannned or facsimile signature is a valid signature. However, you would need to scan the entire contract, front and back, and be able to reproduce a true and complete copy of it.
IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.