Contracts exchanged but not signed by vendor

ReX

Hi All,

I am at the my first house purchase in the UK and the whole process so far has been traumatic. After months of troubles with the sale agent, the vendor and even my own solicitor, we finally arrived to exchange contracts.

I've got the copy of the contract (Fifth Edition, Law Society Formula - but instead of being signed by the vendor there is the name (handwritten) of the vendor's solicitor firm in the box where instead I've put my own signature (in the copy I signed).

The seller is a Company (Limited) but in the seller box there is no mention about the fact that their solicitor can sign on their behalf.

Is it normal? Is it a valid contract?

Thanks,
ReX

G_M

What did your solicitor say when you asked?

I imagine the vendor's solicitor is authorised to sign on the seller's behalf, but I'm not 100% sure.

ReX

I am waiting for an answer from my solicitor.

If the solicitor can sign on vendor's behalf I would expect this to be documented somewhere and available to me, is it the case?

AnotherJoe

ReX wrote: »

I am waiting for an answer from my solicitor.

If the solicitor can sign on vendor's behalf I would expect this to be documented somewhere and available to me, is it the case?

IANAL but I wouldn't have thought so, that's a matter between the solicitor and their client.

ReX

Well, but in that case, what if the vendor pulls out or refuses to sign the TR1?
I have no evidence he signed anything or agreed to the terms (I am aware I am being overscrupulous here).

AnotherJoe

If the solicitor has signed I'd have thought that would be good enough they are working on behalf of the company.

Does it say "pp solicitors name" ?

In any case, not much you can do until advised by your solicitor.

ReX

No, they have only handwritten the name of the solicitor firm (it is not a signature of a lawyer).

I expect my solicitor will reply "it is a common wording" or something similar, like when I asked about a certificate that according to me was not official but a printed copy of a receipt. Eventually they realised I was right and the sale was delayed because of the missing certificate.

Hoploz

I thought normally the seller signs one copy and the buyer signs another but technically it's the same document so is deemed as signed by both for exchange iygwim

KRB2725

I thought the same as Hoploz. I don't believe I've ever signed exchange documentation that has the signature of the other party on it.

ReX

Hoploz, Emma: I am aware of that. What I am saying is that the copy that the vendor was supposed to sign was instead signed by his solicitor. I got a digital scan of that copy (from my solicitor) and I am quite surprised about that.

I was expecting the vendor to sign it, exactly like I signed my copy and passed the copy to my solicitor (that sent it to the vendor solicitor).

davidmcn

ReX wrote: »

Well, but in that case, what if the vendor pulls out or refuses to sign the TR1?

Then he's in breach of contract.

ReX wrote: »

I have no evidence he signed anything or agreed to the terms (I am aware I am being overscrupulous here).

Well, even if it looked like his signature, how do you know it really is his signature? Does your overscrupulosity have any limits?

There are plenty of more useful things you could be worrying about.