As the 1970’s brought both environmental awareness and exponential technological growth, many pundits predicted that by the year 2000 we would become a paperless society.
Obviously, something went awry somewhere.
When I started selling real estate in 1984, a purchase and sale agreement was a single sheet of paper. It contained all of the essential elements: legal description of the property, method of payment, earnest money deposit and seller’s concessions.
The only dates indicated were the date of the contract and the date of closing. And that seemed to work for everyone and we closed on a lot of houses.
Fast forward to the year 2010. After three decades of consumerism, some purchase and sale agreements exceed thirty pages. We did one that was over fifty. The expected “paperless” society has not materialized. Instead, we are buried under piles of printed legalese and conditions.
And as time goes on, it’s only going to get worse. Every lawsuit results in a new updated contract form or a new addendum. The days of “caveat emptor” are long gone.
And we have the paperwork to prove it!
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We real estate people love our CYAs too much to go paperless. It's not the same with an electronic signature.
The "paperless society" myth, second only to the flying car myth. I still want the flying cars that Popular Mechanics promised back in the 1970s.
Richard,
Our minimum contract in Maryland, with required addenda, is now routinely 40 pages. Absurd, to say the least.
Rich
We will get to a paperless society eventually...when we run out of trees...
Richard. I remember the one page P&S, no disclosure documents and no agency agreements before during or after the showing...we do offer better consumer protection than in the past, I guess the only up side is a lot of the paper we use is recycled...not free trees directly.
Wow, very nice Richard. I suggested it.
Loreena...
Even with electronic signatures I an printing a redundant hard copy. Like you said, it's CYA! Thanks so much.
Malcolm...
I think the problem with the flying car was getting the brakes to work. lol and thanks.
Rich...
That is absurd! And we wonder why clients are so reluctant to write a contract!
Pat and Wayne...
We grow plenty of them here in GA, so it's going to take a while. Thanks so much!
I always tell my clients that when you see something in bold, in a box or highlighted in some other way, you can be sure that someone was sued over that issue in the past. Paperless....Ha!
Steve...
We grow a lot of pulp trees here in GA. They are well managed just like any other crop. The only problem is there isn't a more boring landscape that a thousand acres in southern pine. Yuk. Thanks my friend.
Lane...
Thanks so much. Let's see if you get a "called shot" for it!
We could go paperless by backing up a transaction on two hard drives and two CD's. One CD should be located in a separate location.
You better hope you never see a flying car. The drivers on the ground today are unsafe enough.
Are we better off now than then? I doubt it...Even if we were paperless we would still have to keep a hard copy!
The bigger absurdity to the 20-40 page offers is that attorneys around here tell us not to deliver just the pages of the document that have been changed , but to always deliver the entire document. Seems a little much when the only change is the extension of the closing date.
Most agents don't, but if it ends up in court, there is the out for whoever wants out.
Going green is a good concept, we SHOULD be able to save paper. Went to a closing this week, and the title company did NOT ask if we wanted a disk --- different.
Hi Richard. The less paperwork the better!
Ken
What a stunning thought...I wasn't in real estate back in "the day" and didn't realize how out of control the paper had gotten.
We here at eBrokerHouse.com are working hard to make the paperless real estate office a reality. While you still may need to start with hard copy originals to get signatures, once the originals are signed, after that everything can be paperless with our service. No copies will ever need to be created for office review or storage.
Through eBrokerHouse, all agent paperwork is able to be submitted by the agents their broker/office online. The files are all able to be reviewed online by the broker for completeness and then saved digitally by the office on our servers. This eliminates all hard paper file storage for agents and the broker/office.
If you decided to also use an electronic signature service in conjunction with eBrokerHouse, you could truly go paperless. Our system allows for all offers to be received digitally online into your eBrokerHouse account, so you eliminate the need to receive hard copies via fax or have to print email offers.
It may sound funny now, but this will become the standard for real estate brokerages. As brokers and agents look to become more effiecent they are also embracing the technologies that exist to allow this to happen. We are experiencing tremendous growth as real estate professionals are realizing what we can do for their businesses.
Our system is actually much more simple than the current way most brokers and agents do business. Imagine eliminating folders and clutter from your desk, eliminating file cabinets, and being able to access all contents of your physical office from your computer from anywhere at any time.
Richard, This is a really interesting measure of our progress as a society. Not only have we not gone paperless, we didn't convertto greener energy after the gas lines/oil crisis of the 70's, we haven't progressed in using recycled products, we still drive gas guzzling cars, since 9/11 we have done nothing to secure the borders, since the Great Depression we have not implemented safeguards to protect the taxpayers from corporate greed, poverty & hunger are still an issue RIGHT HERE in this country, some 50 million Americans don't have healthcare, social security would be broke were it not for the 7 BILLION a year collected from illegals that will never be paid out (yes, there is an upside to illegal immigration)...I could go on, but I won't. Maybe this will be a new blog later today.
The gist of the conversation is that Americans don't like change, they are not very interested in the environment, and our government (that we elected) is stagnant due to corporate lobbies.
You are so right about this. The paper stack gets higher and higher. One of the worst in my opinion was the change of closing date. Contract used to say within 7 days of ______. Some attorney changed that to a specific day, no changes allowed. So we have to get closing date addendums. I hate that change.
Richard...The computer age has caused more paperwork from what I have seen. I would guess that will always be until we don't have to worry about losing data if our computers crash!
if and when needed it will take little or no effort to go paperless......
just imagine we had some smart leadership big brother entity decide that paper is banned as off tomorrow, we would have solutions and alternatives in place within days rather than weeks.
there is a big difference between ability and priority (and who's priority it is)
But Richard, there are in excess of 188,000 members of Activerain and your blog post has the abliity to reach all of them. Imagine if it were 20 years ago, you would have to mail out this post as a newsletter. Modern technology just saved 188,000 pieces of paper, and a heck of a lot in postage.
Yes, it took a bad turn when the Government created the "department of energy" to cut back, because cut back and government DO NOT go hand in hand.
so much unnecessary duplication and redundancy, more forms. sometimes i feel like jabba the hut.
also as a loan officer i have been told that i would be replaced by a computer constantly since i started in 1978.
i'm still here.
I can easily slip the sales contract and deed of trust my father signed 50 years ago into my back pocket.
Paperless indeed!
I'm with Malcolm... Where are those hover cars?
I remember seeing short form deeds of trust in the 80's. They were about 2 to 4 pages and referred to a standard language form that was about 8 pages or so of fine print. Since it was standard, there was no reason to record it at the county a billion times. I about dropped over when I learned recording fees for a standard refinance these days is about $100 here in King County.
As to using CD's for closing docs... most of the title companies here stopped doing it. They don't have the staff or time and it brings up a whole different array of liability issues. The one thing we do now that's progress is most all of the docs in the chain of title are obtained digitally and rendered to PDF's. The docs for customer are not printed until just before closing. So, hopefully they only get printed once. We also now record docs online at the county which saves them having to scan them for public record.
I would love to go paperless. It seems like every week there is a new disclosure to get signed by the buyer or seller. What we need is one that says "no matter what happens, when and who it was with you've been told and you can't sue", think that would cover it?
Richard,
Computers have made it very easy to make changes and improvenments. The result: more paper.
Computers have also made it easier to manage the previously unmanageable. The result: more paper.
However, I actually think things have topped over. I have less pper today than i had a year ago. If you want me on your newsletter list, it had better be electronic!
Brian
If electronic signatures were done the same as they are at the store (LCD signature pad) and agents were requried to use them, we'd all be paperless in a year. However, if someone pressed the issue of requiring agents to go paperless we'd hear no end of whining about how expensive it is, complicated (older agents), transition time, etc.
As for contract length, the only way we'll get back to short basic forms is if someone tells the average American that bad things happen, sometimes its your fault, and stop suing everyone else when something goes wrong. As a country, I feel most people will not just roll with punches. We're an overly litigious society and until that stops we can look forward to more paper.
I want my flying car, my pizza hydrator and my robot that will prospect and transaction coordinate for me @ the same time. The future is a rip off :0)
So true. There is more paperwork added to our local contracts every six months. I think I really need to investigate Docusign.
Computers just made it too easy to print these days. Also the increase in lawyers didn't help much either.
Richard, technology has definately helped cut ou the paper trail. However, it seems the trail gets longer so there is more paper to store even with technology.
Richard.. just so many cover your ass forms that have appeared over time... with so many law suits and such... I know on the mortgage end of things, we are getting the paperless side of things... hopefully this becomes sooner than later.
Hi Richard. In Florida there are more papers being created every day partly due to legal issues.
Richard, I agree with Jeff, some aspects of the mortgage industry are getting better. I know I don't print anything for any of my files if possible, I just review documents on line and forward to my processor...and she does the same for the underwriter. Every time I DON'T print a piece of paper is a cause for little victory dance. Like using my cloth grocery bags, buying things in little or no packaging and not running the water when I brush my teeth. Reducing my "carbon footprint" one step at a time!
My contracts are typically 17 or 18 pages, when all is said and done. The sad thing is that it probably took 50 to 100 sheets of paper to complete the transaction (i.e. I receive the offer, print and sign, fax to my buyer, they print and sign, fax to the seller, they print and sign, etc, etc.
I've started using DocuSign this year and WOW, I think I've saved at least a dozen trees!
Richard, we're relatively cheap with the paperwork here,. A typical contract is about 10 pages with addenda, and people still manage to mess that up. No lawyer will go paperless, it exposes them to too much liability. Besides, I like using my quill pen
If nothing else you have made me thankful for our seemingly long 14 page purchase contract. Considering how many pages a lot of you deal with routinely, I'll just be happy that ours is somewhat reasonable. We are attempting to do most everything via Docusign and digitally but I still have to deal with those who can't seem to avoid faxing instead of emailing. It's frustrating to turn a digital page into a paper page only to rescan it to digital. Ugh.
Hi Richard, you are so correct. It amazes me how thick some of my files end up being after closing. But it all has to do with the legality of everything!
In Oklahoma we are fighting for the right to use digital signatures for contracts. Interestingly our biggest obstacle is the State Real Estate Commission. They are addicted to paper even to the extent of saying that we need to have six figure bonds in place per digtal contract. I guess they do not understand that a penned signature can be easily forged but a digital signature cannot. It can be copied and pasted at best.
Take a look at the proposed health care bill. I bet many, many trees were lost making copies of that thing for the entire Senate and House. Yikes.
Oh, and let's not forget that we were also supposed to be flying around in our "space cars" like the Jetsons!!!
I chuckle and feel sad at the same time every time I think about the promises of a paperless society. Our office has at least cut down on the additional copies of the paperwork by submitting files electronically, but unfortunately it does not cut out the multitudes of documents we still use on the front end.
Richard: How long are the purchase contracts in your state now? Our residential purchase contract is 8 pages, plus a two page advisotry. Then, of course, all of the other ancillary forms. Paperless??? Yeah right.
that's fine... i just want my flying car
and no wrinkles
and no war and poverty
I thought they said we would not need to use sugar or butter and we would get all our energy from nuclear fisson and the sun. Next stop was a man on Mars.
Richard, I kinda sorta remember that too. Oh well, at least we are partially paperless...
One place I hope we never go paperless...the Bathroom.
At least with email we can scan and send pdf files to everyone involved in a transaction otherwise we would be killing a tree for every home sale.
Computers and technology were supposed to make our lives EASIER and give us more free time ... that didn't happen either.
I always marvel at how many papers an offer can consume. Factor clients who make multiple offers before they ever get accepted and you realize what a waste this all is.
Richard
Thanks for bringing that up...I remember something about it now. I think shortly after that, rumors abounded about us becoming a cashless society in the near future too.. Richqrd.....You would think email and texting would significantly reduce paper usage by now.....And my neighbor Stacy makes a good point......all that paperwork that goes in with multiple offers......whew...
Paperless would be SO easy to go to. We could use e-signatures and save all documents on our computers, burn a disk for the file and be done with it.
I was impressed at a closing I had this week....the closing Attorney typically gives the buyer the HUGE stack of papers they sign...this Attorney put it all on a disk for them.
I too went to a closing last month where we were given a disk. Maybe this is the way it will be everywhere in the near future. Paperless is an interesting concept for sure. It would be wonderful to save the trees.... I absolutely love trees of any kind and would hate to see them become extinct one day...
Patricia/ Seacoast NH
I thought the biggest myth of the 1970s was that the Earth was cooling...
And I am doing everything I can to be paperless...
Today we can only fit about 6 files into the boxes we put into storage to comply with state law on records. I liked the old days in this respect.
Hi Richard!

My 96 year old prior broker showed me a listing contract that was half a page long...I want those days back!!!!
I think paperless is what you make it. Buying Adobe acrobat and using e fax, email really help a lot. I often do entire transactions without printing a page.
Computers just produce paper quicker than we use to be able to produce paper with typewriters!!!
Hi Richard -- Great post. Perhaps the new millenium will be the end date for the end of paper? I would bet on that one cause I won't be here for the fallout! LOL
Richard, our contracts change every few months to a year and we keep adding new addenda that I can hardly keep up with! Paperless? Not hardly!
Richard,
I got in during the early 80's. Our forms were 6 copies of NCR paper; one page. Today a common contract is 15 pages. Ah, lawyers.
Richard:
You make a great point. I have heard so much over the years about all of our transactions becoming "paperless", yet it has not actually happened. They seem to have grown in paperwork.
I have never seen a one-page purchase and sale agreement. That was either before my time or maybe Massachusetts has always had longer contracts.
Richard, I remember those days when a listing agreement was also one page. Today the file folders seem to get bigger and bigger. I don't think we will ever be able to do away with paper.
It's interesting to me that the Paperwork Reduction Act has added a lot more pages to the overall process.