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Deed of Covenant - who signs?
japonicaf
Posts: 36 Forumite
I am the secretary of the freehold/management company for a house of several flats. One of the flats was recently sold, and the buyer's solicitor has sent me the notice of assignment, deed of covenant "as completed by our clients", stock transfer form & original share certificate, and a cheque for the registration fee. He asked me to to send back a receipted copy of the notice of assignment, together with the client's share certificate and "the completed Deed of Covenant". The Deed of Covenant he sent has been signed by the buyer and his wife (with witnessed signature). However, the buyer's solicitor gave no indication of what we are supposed to do to complete the Deed of Convent. He is very slow to reply to any emailed queries, and when I asked whether we are supposed to have the Deed signed by the Secretary and a Director of the Company before sending it back, he said (or his secretary did) in an email after a long delay that all we need to do is date it with the date of transfer of the property (which took place a few months ago now) and keep it for our records, - no mention of sending it back to him, nor of our signing it as a company. I asked again, and he again said "you can just date it .. and retain it with your company papers". Is this really correct?
The buyer is planning to rent out the flat and is not resident - has established no contact with me since buying it despite a request via the estate agent to do so - and the owners of the other flats are all absentee landlords. We have so far had no board meeting so far to deal with the final paperwork for the flat sale.
The buyer is planning to rent out the flat and is not resident - has established no contact with me since buying it despite a request via the estate agent to do so - and the owners of the other flats are all absentee landlords. We have so far had no board meeting so far to deal with the final paperwork for the flat sale.
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