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E-commerce Resources

WRA legal resources

E-commerce law

Instructions for using forms for electronic commerce

CONSENT FOR USE OF ELECTRONIC DOCUMENTS AND SIGNATURES IN CONSUMER REAL ESTATE TRANSACTIONS

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Copy the information below by either pressing CTRL+C, or right click and choose copy. Open your email application and paste directly into the body of the email.

CONSENT FOR USE OF ELECTRONIC DOCUMENTS AND SIGNATURES IN CONSUMER REAL ESTATE TRANSACTIONS
If you want the option of sending and receiving real estate transaction documents by email, federal law requires certain safeguards to ensure that consumers like you have the capability to receive such disclosures and are fully aware of the consequences of agreeing to receive documents electronically. Federal law requires your consent to use e-mail and electronic versions of information, disclosures, contracts and other documents and records (“electronic documents”) that would otherwise be legally effective only if provided to you in a printed/written paper document.

Understanding electronic "lingo": “Electronic documents” include the documents you may save on your computer or attach to email. They can typically be printed out, but exist independently in an electronic form on your computer.

“Electronic signatures” are sometimes hard to conceptualize. An “electronic signature” includes any mark, symbol, sound or process that is written, stamped, engraved, attached to or logically associated with an electronic document and executed by a person with the intent to sign. Just like you can legally “sign” a printed document by making your mark, whether that be your cursive signature in ink or an “X,” so you can "sign" a electronic document by making your mark, whether that be a high-tech encrypted or digital signature or just typing your name in the signature line or space on an email or document on the computer — these are all electronic signatures. If you sign a paper document in ink and then scan the document and save it on your computer, the image of the cursive signature on the stored electronic document on your computer is also an electronic signature.

  1. Right to receive paper document: You have the right to have any document provided in paper form. If you want a paper copy of any document sent to you by email, send your request to the broker at the mail or email address provided below. Paper copies will be provided at no charge.
  2. Right to withdraw consent: You have the right to withdraw your consent to receive electronic documents by email by contacting the broker by mail or email at the address provided below. The legal validity and enforceability of the electronic documents, signatures and deliveries used prior to withdrawal of consent will not be affected.
  3. Changes to your email address: You should keep the broker informed of any change in your electronic or emailing address. Please contact the broker as promptly as possible by mail or email at the address provided below regarding any such changes.
  4. Minimum hardware and software requirements: The following hardware and software are required to access (open and read) and retain (save) the electronic documents:
    • Operating Systems: Windows Vista or higher; or Macintosh OS 8.1 or higher.
    • Browsers: Internet Explorer 5.01 or above or equivalent
    • Needed Software/Electronic Document Formats: Adobe Acrobat Reader or equivalent for PDF files; Word program for Word files
    • Ability to open Microsoft Word and PDF documents    
  5. Your ability to access disclosures: By completing and emailing this consent to the broker, you acknowledge that you can access and retain the electronic documents in sample files above.
  6. Consent to electronic signatures and documents: By completing and emailing this consent form to the broker at the email address specified below you are providing electronic consent to the use of electronic documents and signatures in your real estate transaction. Specifically, you are acknowledging receipt of this form and consenting to the use of electronic documents, email delivery of documents, and electronic signatures in any real estate transactions involving you, the broker identified below and other parties. If you prefer instead to limit this consent to the transaction relative to a specific property, provide the property address or description below.

Specific property:

CONTACT INFORMATION:

Broker name:

Agent’s name (optional):

Address:

Email address:

Party signature (sign or type in name):

Email address:

No Call – No Fax Resources

National Do Not Call Registry

The rules for the use of the National Do Not Call Registry come from both the Federal Trade Commission (FTC) and the Federal Communications Commission (FCC). The FTC rules apply to interstate (between states) calls while the FCC regulations apply to both interstate and intrastate (within the state) calls, and include cell phones — not just residential telephone numbers. Calls to a consumer's residence or cell phone that encourage the purchase of, rental of or investment in property, goods or services are regulated.

For REALTORS®, this generally includes cold calling, calls to owners with cancelled or expired listings, calls to For Sale By Owners (FSBOs) and calls to consumers referred by others. REALTORS® placing these calls should check whether the phone number is on the National Do Not Call Registry if an exception does not apply.

FCC fax regulations

Under the Junk Fax Prevention Act, businesses and individuals must use a cover sheet with opt-out language on all faxes and must have permission or an established business relationship (EBR) before sending an unsolicited fax. 

National resources

What impact do the federal rules have on Wisconsin REALTORS®?

Wisconsin's No Call List and regulations remain in effect, and little will change in the daily practice of Wisconsin licensees placing telephone solicitation calls.

  • Wisconsin REALTORS® in compliance with Wisconsin law will almost certainly be in compliance with FCC regulations as well.
  • Wisconsin REALTORS® who call consumers in other states should be aware of the FTC and FCC rules as well as the laws in those states.
  • The FTC Do Not Call regulations apply to only interstate telephone calls; the FCC regulations apply to interstate calls as well as intrastate calls when the applicable state law is not more restrictive.
  • The FCC rules require express permission or an EBR before any faxed advertisements can be transmitted.

Wisconsin no-call list

Wisconsin resources

Consumer resources

Wisconsin will not share the numbers on its existing No Call List with the National Do Not Call Registry. As a result, Wisconsin consumers must register their number for the National Do Not Call Registry either online at www.donotcall.gov or by calling 1-888-382-1222 (toll-free), TTY 1-866-290-4236. Please note: if registering by phone, the call must be made from the telephone number the caller wants to register. Consumers may register cell phone numbers. Registration is free and is good for five years.