A landlord leased a property to whom he thought was a verified tenant. Lease agreement was signed, deposit paid, everything looked legitimate. Six months later, the tenant stopped paying. Eviction proceedings started. That's when the tenant claimed the signature wasn't his.

"I never signed that lease."

The landlord produced the signed document. The tenant's lawyer pointed out that there was no proof of who actually signed it. It was just a PDF with a signature image. Sure, the defence showed proof that the tenant was actually paying before and then stopped, but in the court, payment history and a lease agreement are treated differently.

The case dragged on for months. The landlord lost rental income, paid legal fees, and eventually settled for less than he was owed, all because he couldn't prove identity at the point of signing.

What Jamaican Law Says

Under the Electronic Transactions Act, electronic signatures are legally recognised in Jamaica. A contract signed electronically has the same legal standing as one signed on paper. That's good news.

Excerpt from the Electronic Transactions Act, Jamaica

But here's where it gets tricky: in a dispute, the burden of proof shifts. If someone challenges the signature, you have to prove they signed it. And if all you have is a standard e-signature with an email address and a timestamp, you're in trouble.

Where Standard E-Signatures Fall Short

Courts care about one thing: evidence. The more concrete your evidence, the stronger your case. A standard e-signature provides circumstantial evidence, with timestamps, IP addresses, email records. Useful, yes, but not bulletproof. And you could have a strong case, but in the court, it's whose case and evidence are stronger.

A skilled lawyer can cast doubt on that evidence. "Your Honour, my client's email was compromised. Someone else could have clicked that link. There's no proof of identity." Suddenly, what seemed like an open-and-shut case becomes contested.

Importantly, even if the landlord eventually wins, he would have lost time being dragged into the court, which could have been easily avoided by using Cleared™, a digital signature platform that implements biometric signatures.

Biometric Data as Legal Evidence

A digital signature becomes a biometric signature when at the time of signing, the signatory is asked to prove their identity with a face scan, where that selfie is matched with a verified Government-issued ID.

Biometric signatures change the equation entirely. When you require a signatory to complete ID checks, you create evidence that's nearly impossible to dispute:

Live biometric check confirms the person is physically present
Face-to-ID comparison proves identity

Additionally:

Biometric data is embedded in the signed document
Digital certificate prevents tampering after signing
Complete audit trail includes identity verification steps

In court, this evidence is devastating for anyone claiming they didn't sign. You're not relying on circumstantial data; you have proof of identity at the moment of signing.

The Rental Agreement Case Study

Back to that landlord. What if he used biometric signatures? The tenant would have had to verify his identity with a government-issued ID and face scan before signing the lease. That biometric data would be embedded in the signed document. In court, the landlord presents the document with its digital certificate and biometric verification record.

Case closed. Literally.

Protecting Your Contracts

Whether you're a realtor handling property sales, a lawyer drafting agreements, or a business owner signing contracts, biometric signatures give you the legal protection standard e-signatures can't. In evolving legal landscapes, that protection matters more every day.

Fact is, the cheapest contract is the one you never have to defend in court. And the best way to avoid that courtroom is to make your signatures bulletproof from the start.

Ready to strengthen your contracts? Cleared™ provides biometric-verified digital signatures that create the legal evidence you need to protect your agreements. When documents are signed on Cleared™, you get identity verification, tamper-proof certificates, and documentation that stands up in courts anywhere.

I Never Signed that Lease — The Problem Tenant