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buying a property with no signature or witness

2

Comments

  • xylophone
    xylophone Posts: 45,850 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    singed or received any paperwork

    Gone up in smoke?
  • Kynthia
    Kynthia Posts: 5,692 Forumite
    Part of the Furniture 1,000 Posts Combo Breaker
    I don't remember signing much when I bought my properties but I do remember signing the contracts. I don't think I ever signed a lease though but I did get a copy of it.
    Don't listen to me, I'm no expert!
  • TBagpuss
    TBagpuss Posts: 11,237 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    you would normally have to sign a contract, and the transfer.

    IS it possible that you signed these a little while back?

    CHeck with your solicitor
    All posts are my personal opinion, not formal advice Always get proper, professional advice (particularly about anything legal!)
  • G_M
    G_M Posts: 51,977 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Combo Breaker
    My lease was a brand new one last time so that's probably why I didn't have to have it signed and witnessed.

    Sorry I just thought it a little strange I didn't have to sign anything.
    If you want advice, or suggestions as to what may be your situation, why not answer the questions?

    as to your conclusion above, see my first post!
  • TBagpuss wrote: »
    you would normally have to sign a contract, and the transfer.

    IS it possible that you signed these a little while back?

    CHeck with your solicitor

    As I say I have not signed anything, just emails and telephone calls.

    i.e. would you like to exchange contracts.

    My reply 'yes' and pay 10% deposit.

    Next call, arrange completion date, funds sent job done.
  • G_M wrote: »
    If you want advice, or suggestions as to what may be your situation, why not answer the questions?

    as to your conclusion above, see my first post!

    I have answered you're questions above GM!
  • Shahni
    Shahni Posts: 124 Forumite
    You wouldn't normally need to sign a transfer if its a new lease, but you should have signed the lease itself (and the plan).

    Your solicitor may have signed the contract on your behalf if they had authorisation. Did you sign their instruction forms?

    It is probably worth checking with your solicitor whether you should have signed the lease at least, as it might have been overlooked
    My credit card: £148.07/£694.91 (21%)
    Partner's credit card: £0/£602.03

    Loan from partner's mum: £800/£2,400 (33%)
    Loan from partner's dad: £10,000/£10,000 (100%)

    Personal loan: £3,000/£3,000 (100%)
  • G_M
    G_M Posts: 51,977 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Combo Breaker
    I have answered you're questions above GM!
    You have? My eyesight must be getting worse! Could you repeat the replies in bigger text please?
    * Which country is the property in?

    * why did you buy a property and hand over £X00,000 (presumably) without any idea what it is you are buying? (you say you've not seen the lease)

    * did you use a solicitor?

    * Are you sure you've Completed? How do you know?

    * Did you ever see a contract (just didn't sign it)?

    * did you buy off someone you know/trust (eg family)?
  • G_M wrote: »
    You have? My eyesight must be getting worse! Could you repeat the replies in bigger text please?[/QUOTE

    Are you being serious? I can type in larger letters if you wish? The answers are in post no.7.

    Anyway I have copied and pasted it below.

    GM you are a wealth of knowledge and appreciated on this board!

    Originally Posted by G_M viewpost.gif
    * Which country is the property in? UK

    * why did you buy a property and hand over £X00,000 (presumably) without any idea what it is you are buying? (you say you've not seen the lease)The lease is the same as mine.123 years remaining.

    * did you use a solicitor? yes a well known one.

    * Are you sure you've Completed? How do you know? Yes I'm sure I've completed as I have the keys and a telephone call telling me I have completed.Oh and I paid a 10% deposit on exchange and the balance on completion.

    * Did you ever see a contract (just didn't sign it)? No I didn't see a contract until this morning.

    * did you buy off someone you know/trust (eg family)? I bought it off a friend(no estate agent)

    (note: if Eng/Wales you would not sign the lease unless it was a brand new one)it was not a brand new lease(123 years remaining)
  • G_M
    G_M Posts: 51,977 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Combo Breaker
    Ah! Post 8 but never mind. When inserting replies into a quote it's usual to use a different colour to differentiate and highlight. I missed them as I just read the comment below the quote.

    Apologies. As I said - eyesight.

    If you hadn't seen the lease you could not be sure it was 'the same as yours' (whatever that means). The lease is what you are buying, so buying without seeing it is balmy.

    If you ought off a friend you trust, the contract could be skipped. It is the TR1 that transfers ownership in return for the cash - the contract simply commits each side to that transfer.

    However your 'well known' solicitor really should have insisted on your friend (or his solicitor) preparing a contract, which you should have checked and signed. A complaint could be considered if you wish, though if all has turned out well you may decide not to bother.

    Provided a TR1 was signed by the buyer (your friend), and your solicitor now registers the TR1 with the Land registry, all will be well.
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