Real Estate Q&A Series

What if the online signature version doesn’t match the PDF I review and approve? – North Carolina

Short Answer

In North Carolina, do not sign if the online signing version does not match the PDF that was reviewed and approved. Ask for a single “final” version that everyone can access, confirm the document title and date/version, and require that the signed copy returned after signing matches that final version. If the mismatch involves a deed, deed of trust, or another recordable or notarized closing document, the safest approach is to stop and have the closing attorney correct and re-issue the documents before any signatures are applied.

Understanding the Problem

In a North Carolina home sale, a seller may be asked to sign listing or sale-related paperwork through an online signature platform while separately receiving a PDF for review. The decision point is whether the seller can safely sign when the online signing version appears different from the PDF that was reviewed and approved. The key trigger is the moment a signature is applied, because the signed version may control what the parties treat as the final agreement or closing document.

Apply the Law

North Carolina generally recognizes electronic records and electronic signatures for many real estate and closing-related documents, including documents that must be signed and documents that may be recorded, as long as the electronic document and signature meet the applicable requirements. North Carolina law also does not force anyone to use electronic signing; electronic transactions usually depend on the parties agreeing to conduct the transaction electronically, and a party can refuse to continue electronically for later steps. For documents that require notarization, the rules depend on whether the document is being notarized as a paper record or as an electronic record; a notary cannot use an electronic or printed signature when notarizing a paper record.

Key Requirements

  • One final, identical document: The version that gets signed should match the version that was reviewed and approved (same text, exhibits, addenda, and blanks completed the same way).
  • Agreement to transact electronically: Electronic signing generally works only when the parties have agreed (often shown by conduct) to use electronic records and signatures, and a party may refuse to proceed electronically for later steps.
  • Proper notarization format: If a document is being notarized as a paper record, the notary must sign by hand in ink on the notarial certificate; different rules apply to electronic notarization, but mixing paper-notary rules with electronic workflows can create defects.

What the Statutes Say

Analysis

Apply the Rule to the Facts: Here, the paperwork is being sent through an online signature link that the firm cannot access, while a separate PDF will be emailed for review. That setup creates a real risk that the “signing packet” is not the same as the reviewed PDF, which defeats the practical goal of review and can lead to signing terms that were not approved. Because North Carolina recognizes electronic signatures but does not require them, the safer move is to pause signing until one final, matching version is confirmed and distributed to all parties who need to review it.

Process & Timing

  1. Who pauses and requests the fix: The seller (often through the closing attorney or the seller’s agent). Where: Through the online signing platform and by email with the closing attorney’s office handling the transaction in North Carolina. What: Request a “final for signature” PDF and a matching signing envelope that shows the same document name, date, and any exhibits/addenda. When: Before clicking “sign” or “finish,” and before any notarization appointment.
  2. Verification step: Compare the online signing document to the reviewed PDF (page count, addenda, blanks filled in, initials blocks, and any special provisions). If the platform prevents downloading or viewing the full document, require a different delivery method or a new envelope that allows full review.
  3. After signing: Immediately download and save the fully executed copy from the platform and confirm it matches the approved final version. If it does not match, notify the closing attorney right away so the parties can correct the document and, if needed, re-execute the correct version.

Exceptions & Pitfalls

  • “Minor” differences that are not minor: A changed addendum, a different repair term, a different closing date, or a different disclosure attachment can materially change obligations even if the main pages look similar.
  • Platform access limits: If the signing link prevents counsel from reviewing the exact signing version, the risk is not just inconvenience; it is loss of version control. A clean fix is to require a single final PDF and a signing packet that matches it exactly.
  • Notarization mismatch: Some closing documents must be notarized. If a document is treated as a paper record for notarization, the notary must sign in ink; mixing paper notarization with electronic copies can create recording problems and last-minute re-signing.
  • Assuming electronic signing is mandatory: North Carolina law generally allows parties to refuse to proceed electronically for later steps, so switching to wet signatures or a different workflow is often an option when version control breaks down.

Conclusion

In North Carolina, electronic signatures can be valid, but the signed version should match the reviewed and approved PDF. If the online signing version differs, the safest course is to stop and require one final, identical document set before any signatures or notarization occur. The practical threshold is any difference in text, blanks, or attachments. Next step: request a corrected “final for signature” version from the closing attorney’s office and sign only after confirming the online packet matches that final PDF.

Talk to a Real Estate Attorney

If a home sale involves an online signature packet that does not match the PDF that was reviewed and approved, our firm has experienced attorneys who can help sort out version control, signing format, and timing before closing. Call us today at (919) 341-7055.

Disclaimer: This article provides general information about North Carolina law based on the single question stated above. It is not legal advice for your specific situation and does not create an attorney-client relationship. Laws, procedures, and local practice can change and may vary by county. If you have a deadline, act promptly and speak with a licensed North Carolina attorney.