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is seller required to go to solicitors office to sign contract?

brzone
brzone Posts: 24 Forumite
edited 12 April 2016 at 1:09PM in House buying, renting & selling
Hi

I am selling a property and it is close to an end.
Solicitor has requested me to come to his office to sign the deed.

When I was purchasing I was never required to do so.
And the solicitor has requested to visit several times already - its 2 - 3 hours away and they keep me waiting for hours.

They said the witness needs to be made and if I am not coming they will have to bring a solicitor to witness for me.

Is it normal? I somehow think this is just to take money out of my pocket by adding hourly rate.

Comments

  • LittleMax
    LittleMax Posts: 1,408 Forumite
    Part of the Furniture 1,000 Posts Photogenic Name Dropper
    When we sold recently we used an online conveyancer and all documents that needed signing were posted out to us to sign and have witnessed (my colleague at work witnessed my signature).

    The first property we bought ISTR we went to the conveyancer's office because it was local, but he fetched his secretary in to witness our signing. So as far as I can tell witness does not have to be a solicitor.
  • G_M
    G_M Posts: 51,977 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Combo Breaker
    No. Though a solicitor does have to check the identity of their client, which usually requires a single visit with ID documents.

    This can be done for around £5 however by another (local to you) solicitor who would inform the conveyancing solicitor.

    Signing the contract can be done at home (in front of your chosen witness) and then posted back (provided the ID check above has been under-taken).

    Multiple visits? Why?

    Personally I prefer to use a local solicitor so that if I want I can go in and get explanations of things/discuss issues etc, or just drop off documents quickly, but that is different to the solictor requiring I attend.
  • ThePants999
    ThePants999 Posts: 1,748 Forumite
    Eighth Anniversary 1,000 Posts Name Dropper
    I live in London, and used a solicitor in Middlesbrough. Suffice to say I never visited their office! ID check was by sending in my passport, contract was by posting it to me, getting me to sign it with a witness, posting it back.
  • dgtazzman
    dgtazzman Posts: 1,140 Forumite
    I live in London, and used a solicitor in Middlesbrough. Suffice to say I never visited their office! ID check was by sending in my passport, contract was by posting it to me, getting me to sign it with a witness, posting it back.

    You can also give your sols power of attorney to sign any documents relating to the sale. Will cost a fee, mine charged me 100 pounds for it. Question of signing a form after you have done the initial ID checks and sending it back to them.
  • SmlSave
    SmlSave Posts: 4,911 Forumite
    Part of the Furniture Combo Breaker
    There is no need to actually visit the office to sign the documents.

    Witnesses have to be adults, not family or involved in the transaction.

    Most firms have a standard letter when sending the Contract and Transfer Deed to clients in the post by signed delivery normally.

    I'd ring your solicitor tomorrow and say that if it's just signatures they need then they can post the docs.

    P.s. think about it. We often deal with clients whom live abroad. The documents get emailed to them, they print, sign and FedEx them back as legally 'wet signatures' are required by law.
    Currently studying for a Diploma - wish me luck :)

    Phase 1 - Emergency Fund - Complete :j
    Phase 2 - £20,000 Mortgage Fund - Underway
  • TBagpuss
    TBagpuss Posts: 11,236 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    It's not usual, and if you have already met with the solicitor they should have done all necessary ID checks already.

    A witness doesn't need to be a solicitor, it can be anyone over 18 who is unrelated to you or the other party.

    I'd suggest that you ask your conveyancer to e-mail you specifically explaining exactly why they are saying they cannot post the documents to you, and what the legal need for you to travel to their office is.
    All posts are my personal opinion, not formal advice Always get proper, professional advice (particularly about anything legal!)
  • The contract doesn't need to be witnessed anyway.

    TR1 does, but there's no requirement for it to be witnessed by a solicitor, it should just be someone unconnected to the transaction (not a relative etc).
  • onlyroz
    onlyroz Posts: 17,661 Forumite
    Part of the Furniture 10,000 Posts Combo Breaker
    When we sold my husband's flat the solicitor asked to see him because I'd been dealing with the sale but he was the owner. I think he wanted reassurance that we weren't doing something dodgy. I don't think you *have* to see them in person though.
  • Kynthia
    Kynthia Posts: 5,692 Forumite
    Part of the Furniture 1,000 Posts Combo Breaker
    We got the midwife to witness my OH's signature as I was in labour when he got the contract in the post. 😄
    Don't listen to me, I'm no expert!
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