Opinion No.

The Honorable John E. Brown State Senator 17900 Ridgeway Drive Siloam Springs, AR 72761-8866

Dear Senator Brown:

I am writing in response to your request for my opinion on the following question:

Is a facsimile signature sufficient to create a binding contract, especially as it may pertain in real estate transactions for purposes of a listing agreement, addendum, or sales contract?

RESPONSE: Yes.

DISCUSSION

As a general proposition, a contract is simply "[a]n agreement between two or more persons which creates an obligation to do or not to do a particular thing." BLACK'S LAW DICTIONARY (5th ed.…