1.Purpose and Scope
This Statement describes the procedures by which 1st Choice Home Team ("the Company") presents documents for electronic signature, obtains the consent of signers to transact electronically, authenticates signers, and creates, secures and retains electronic records. It applies to all documents transmitted through the Company's electronic signature service.
2.Federal and State Compliance
The Company's electronic signature process is designed to comply with the Electronic Signatures in Global and National Commerce Act, 15 U.S.C. § 7001 et seq. ("ESIGN"), and the California Uniform Electronic Transactions Act, Cal. Civ. Code § 1633.1 et seq. ("UETA"). Under these statutes, a signature, contract or other record may not be denied legal effect or enforceability solely because it is in electronic form, and an electronic signature is attributable to a person if it was the act of that person, which may be demonstrated by the efficacy of the security procedure applied.
3.Consumer Disclosure and Consent
Before any document is made available for review or signature, each signer is presented with the Company's Electronic Record and Signature Disclosure and must affirmatively consent to the use of electronic records and signatures. In accordance with 15 U.S.C. § 7001(c), the Disclosure informs the signer of:
- the right to receive any record in paper form, and the procedure and absence of any fee for doing so;
- the right to withdraw consent, the procedure for withdrawal, and the consequences of withdrawal;
- the scope of the consent and the records to which it applies;
- the procedure for updating the signer's contact information; and
- the hardware and software required to access and retain the records.
The date and time of consent and the version of the Disclosure accepted are recorded and incorporated into the Certificate of Completion.
4.Signer Authentication
Each signer receives a unique access link delivered exclusively to the email address designated by the sender. Access links are stored by the Company only in hashed form, cannot be derived from Company records, and are replaced when a reminder is issued. Use of the link establishes that the signer controls the designated email account. For documents the sender designates as requiring heightened authentication, the signer must additionally enter a single-use six-digit verification code transmitted to the same email address; such codes expire ten (10) minutes after issuance and the number of permitted attempts is limited. The method of authentication applied is recorded in the Certificate of Completion.
5.Execution of Signatures
The signer is presented with the complete document prior to signing. The signer adopts a signature by typing or drawing it and executes the document by affirmatively selecting "Finish" following an express statement of intent to sign. Where signing order is specified, each subsequent signer is notified only upon completion by the preceding signer. A signer may decline to sign, in which case the transaction is terminated and the sender is notified.
6.Audit Trail
The Company maintains a contemporaneous audit trail for each document, which records, at a minimum, the following:
| Recorded Item | Purpose |
|---|---|
| Date and time of each event, including delivery, access, consent, authentication, viewing, signature, decline and completion | Establishes the sequence of events and that consent preceded execution |
| Internet Protocol (IP) address, device and browser identification, and approximate geographic location | Supports attribution of the signature to the signer |
| Method of authentication and the email address to which the link or code was delivered | Documents the security procedure applied |
| The signature image adopted and the method of adoption | Identifies the signature affixed to the record |
| SHA-256 cryptographic hash of the original and the completed document | Establishes document integrity |
Each audit event is cryptographically linked to the preceding event by a SHA-256 hash, such that the deletion or alteration of any event is detectable.
7.Document Integrity and Tamper Evidence
A SHA-256 cryptographic hash of each document is computed upon transmission and again upon completion. Upon execution by all parties, the Company generates a single completed record consisting of the executed document, a unique Document ID on each page, a Certificate of Completion, the full audit trail, and the Disclosure accepted by the signers. The completed record is delivered to all parties by email. Any party may confirm that a copy is unaltered through the Company's Document Verification service, which compares the hash of the file, computed locally on the user's device, against the Company's records. The file itself is not transmitted to the Company.
8.Data Security and Confidentiality
- Encryption in transit. All pages and records are transmitted exclusively over HTTPS using Transport Layer Security (TLS).
- Encryption at rest. Documents and records are stored on Cloudflare infrastructure, which encrypts stored data.
- Access controls. Only authorized, licensed personnel of the Company may transmit documents or access their status, each by means of individually issued credentials. Credentials are stored only in hashed form and may be revoked individually.
- Use of information. Personal information is used solely to complete the document and the related transaction with the Company, and is not sold.
9.Record Retention
Completed records and their audit trails are retained for no less than the period required by the laws and regulations governing the Company's mortgage and real estate licenses, and are capable of accurate reproduction for later reference by all persons entitled to retain them, as contemplated by 15 U.S.C. § 7001(d) and Cal. Civ. Code § 1633.12.
10.Exclusions
This service is not used for records that applicable law requires to be notarized or executed in wet ink, including recorded instruments such as deeds of trust, or for records excluded from ESIGN and UETA. Real estate purchase agreements are executed through the electronic signature platform provided by the California Association of REALTORS®.
11.Paper Copies and Contact Information
Requests for a paper copy of any record, withdrawal of consent, or questions regarding this Statement may be directed to [email protected], or in writing to 1st Choice Home Team, 8880 Rio San Diego Drive, Suite 800, San Diego, CA 92108. Paper copies are provided at no charge.