Address on Register and Contract not matching

Col_Lov

I'm a first time buyer a week or two away from completion.

Despite several requests the vendor is still refusing to update their contact address on the Register and Contract to match.

My solicitor has advised this is a very reasonable request and is a HM Land Registry recommendation as a fraud prevention measure, stating:

'There have been cases where fraudsters sold empty properties without the knowledge of the true owner and when the buyer turned up to the Property after completion they could not get possession and lost their money. This enquiry is simply to prevent fraud'

The last correspondence from the vendor is that they are not prepared to correspond further over the issue. To which I have instructed my estate agent to tell the vendor I am not willing to proceed until the request is met (I am waiting to hear back).

Its a shame so close to completion and for it to fall through over such a simple admin issue !

Has anyone else ever encountered this ? And what did you do ? (or would you do ?)

The recent fraud case reference is: Purrunsing v A’ Court & Co and House Owners Conveyancers Ltd 2016 EWHC 789 (Ch)

Hoploz

I'm not quite sure what the problem is here.

Do you mean the address of the property you're buying is written differently in two different places, or do you mean the contact address for the seller is not correct?

If the former then I'd say it isn't that unusual for an old registration to read slightly differently to how it's known today. What is on the Royal Mail database is not necessarily the same as an old deed.

What's the actual problem?

ReadingTim

Sounds like the battle lines have already been drawn, so it's case of who blinks first. Will you really walk away? What have they got to lose if you do?

On the face of it, the request seems reasonable, and the failure to comply/correspond suspicious. But without further information as to the rest of the purchase process, this could simply be the final straw which broke the donkey's back in terms of non-material requests from a nervous first time buyer.

At the end of the day, only the buyer can decide the extent to which they consider the vendor to be a fraudster, and whether the property they're "selling" is empty, or not. So, OP, how's the rest of the purchase gone, and what makes you suspicious that the vendor is trying to defraud you?

davidmcn

I'm not familiar with HM Land Registry requirements, but what additional security does their updating the proprietor's address bring? Wouldn't they just be carrying out similar verification to that which your solicitor (or the seller's solicitor) can do?

molerat

I take it to mean that the seller's address on the LR is different to both the property address and their contact address meaning there is a possibility they are not the legal owner of the property.

marksoton

Col_Lov wrote: »

The last correspondence from the vendor is that they are not prepared to correspond further over the issue. To which I have instructed my estate agent to tell the vendor I am not willing to proceed until the request is met (I am waiting to hear back).

Its a shame so close to completion and for it to fall through over such a simple admin issue !

They're not your EA they are the vendors, ergo you can't instruct them to tie their shoelaces.

You have to exchange before you complete btw.

Land_Registry

My reading of it is that the contact address we have on the register is different from that the seller has provided in the contract for sale. The contact address is the registered proprietor's address details rather than the property address itself.

As suggested it is something to check/confirm although ensuring that they are one and the same may be seen as unnecessary although presumably the seller can explain why there is a difference for example.

Minimalising the risk of fraud is very important and as mentioned not living at the property could be seen as increasing the risk as OP mentions. Some might argue that if they were a fraudster then why would they not put the same address in the contract as is on the register? As presumably any correspondence with the seller is through their solicitor anyway?

On the flip side of course as far as applying to amend the contact address on the register is concerned the seller would have to complete a form and verify their own identity with us. However their solicitor could also apply and certify the accuracy of the information so it may not be that crucial in some cases.

Ultimately the key is being satisfied as to the seller being the same as the registered proprietor and both their own solicitor and your own should be taking whatever steps are deemed necessary to ensure that is the case.

G_M

If in doubt, don't hand over £300,000.

Common sense really!

We are all assuming you have not yet Exchanged Contracts, though you have not mentioned this.

marksoton

G_M wrote: »

We are all assuming you have not yet Exchanged Contracts, though you have not mentioned this.

I surmised this from the " My" estate agent comment which implies some naivety....

Cakeguts

I would have thought that if the seller was keen to sell they would do this to satisfy their buyer. It seems odd that they refuse to do anything about it.

G_M

Cakeguts wrote: »

I would have thought that if the seller was keen to sell they would do this to satisfy their buyer. It seems [STRIKE]odd[/STRIKE]suspicious that they refuse to do anything about it.

:beer:...................