A REAL ESTATE AGENT MAY NOT SUE TO ENFORCE AN AGREEMENT FOR A REAL ESTATE SALES COMMISSION UNLESS “ALL PARTIES” HAVE SIGNED THE AGREEMENT, EVEN THOUGH THE STATUTE OF FRAUDS REQUIRES SIGNATURES ONLY FROM “THE PARTIES TO BE CHARGED.” 

A.R.S. § 32-2151.02(A) requires “real estate employment agreements” to “[b]e signed by all parties to the agreement.”  Although the statute of frauds only requires the signature of the “parties to be charged,” that is not enough under § 32-2151.02(A).  However, a “thank you” email might, in certain circumstances, be able to qualify as an electronic signature under the Arizona Electronic Transactions Act, A.R.S. §§ 44-7001 to -7052.  In Arizona, an electronic signature “satisfies any law that requires a signature.”  A.R.S. § 44-7007(D).  Whether something in an email satisfies the statute may be a question of fact.  Young v. Rose, 1 CA-CV 10-0786, 9/25/12.