Letter of consent

Janec2 · 25 September 2009 at 8:30AM

I am moving into a house that my boyfriend is buying and I have the letter of consent from his solicitor to sign. I totally understand what it means and am happy to sign it. We are having a deed of trust drawn up also and everyone is happy and knows where they stand.

The solictor has also sent me a form that I must sign stating to him that I have taken independant legal advice.
Well, I dont have my own solictor, but I have read up online what the form means and have spoken to my sister who works for a solictor and totally understand what I am signing.

What exactly is classed as 'legal advice' ? Have I done enough to sign this form if Im happy with the situation. Im guessing the solictor is just covering his own back ?

Sorry if this is a daft question !

poppysarah · 25 September 2009 at 9:10AM

What are you signing away?
Your rights to the house ever? Are you co-buying?

Janec2 · 25 September 2009 at 9:16AM

No - its justs to state that in the event the bank had to reposess then I have no rights.

Its a standard form and I totally understand it and am happy to sign. Its the form stating I have taken legal advice Im unsure on as the only 'advice' I have taken is reading up what the form means and that from my sister. I havent appointed my own solicitor.

Does anyone here know if I HAVE to get a solictor. (the form doesnt ask for name of one) Or can I say I have taken legal advice when that advice is simply assistance from a relative and my own sense and understanding of the document and of my rights ?

stanleyunwin · 25 September 2009 at 10:09AM

You don't have to get legal advice, just sign it if you are happy to.

Janec2 · 25 September 2009 at 10:19AM

Thanks - I will be signing - the purchase cant go ahead if I dont !

pie81 · 25 September 2009 at 12:08PM

Yes, it's just a back-covering letter so you can't later argue that your boyfriend's solicitor mis-advised you. If you're happy to then just sign it. no-one is going to complain that you didn't in fact get your own legal advice.

Janec2 · 25 September 2009 at 12:30PM

Thanks so much
Its just the fact they want me so sign a form that says I HAVE taken legal advice that concerned me. Not the actual consent form.

Richard_Webster · 25 September 2009 at 3:02PM

Some lenders require an occupier in OP's situation to actually take independent legal advice and therefore the form has to be witnessed by a solicitor who has give that advice.

In other cases it is sufficient for the solicitor acting for the buyer to warn the occupier that he/she should take such advice, but he/she doesn't have to.

Therefore it might be more appropriately worded to say that you are to confirm that you understand that you could take independent advice but have decided not to do so. if you had, then this would be obvious from the witness's details.

sunnysea83 · 25 September 2009 at 3:12PM

when i purchased my house my OH also had to sign one of these forms for the bank and have it witnessed by someone else, the form just said that they advise he took independant legal advice not htat he had too

Janec2 · 28 September 2009 at 8:09AM

Richard_Webster wrote: »

Some lenders require an occupier in OP's situation to actually take independent legal advice and therefore the form has to be witnessed by a solicitor who has give that advice.

In other cases it is sufficient for the solicitor acting for the buyer to warn the occupier that he/she should take such advice, but he/she doesn't have to.

Therefore it might be more appropriately worded to say that you are to confirm that you understand that you could take independent advice but have decided not to do so. if you had, then this would be obvious from the witness's details.

Thanks very much. The actuall lenders form only states that they advise it. The solicitors letters is the one that says I must take it. And he has given me his own firms form to sign stating that I have. I take it this is just to cover his own back.
Ive took my sisters advice, who works for a solictor as a legal costs draftsperson, and Ive signed and she has witnessed.
Hopefully they will be happy with

Letter of consent

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