Hereunder follows a short summary of the different signature requirements for documents commonly used during the sale of immovable property, considering the requirements set down in the Electronic Communications and Transactions Act (ECTA), the Alienation of Land Act (ALA) as well as the Property Practitioners Act (PPA):
| Document Type | Comment | Governing Legislation | Permissible Signature Type |
| Property Practitioner Mandate | A property mandate is a service agreement between a seller (the principal) and a property practitioner. It is not an agreement for the ‘alienation of land’ itself. | ECTA / PPA | Electronic Signature |
| Offer to Purchase / Deed of Sale | The contract for the sale of immovable property is governed by the ALA. As established, ECTA explicitly excludes such agreements from its provisions. | ALA (Section 2(1)) & ECTA (Exclusion) | Wet Ink Signature (Mandatory)
Any electronic signature renders the agreement VOID. |
| Mandatory Property Disclosure Form | The PPA regulations stipulate that the mandatory disclosure form is an ‘integral part’ of the agreement of sale. While the PPA does not explicitly prescribe the method of signature for this form, its integral connection to the Deed of Sale is legally significant. | PPA (Section 67) & ALA (as integral part) | Wet Ink Signature (Recommended) |
