Contracts exchanged but not signed by vendor

ReX

davidmcn wrote: »

Then he's in breach of contract.

He might claim he didn't sign it.

davidmcn wrote: »

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

That would be a different matter.

My original question was about the rules of the contract: is it permitted to have instead of the signature the handwritten name of the solicitor firm? From where I came from it doesn't replace a signature, hence my question.

davidmcn wrote: »

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

I am open to new ideas, inspire me ;-).

davidmcn

ReX wrote: »

My original question was about the rules of the contract: is it permitted to have instead of the signature the handwritten name of the solicitor firm?

That's how firms of solicitors (or indeed other partnerships) traditionally sign things i.e. the name of the partnership "signed" by one of the partners. So if you've authorised your firm of solicitors to sign things, that's what it looks like.

strawberries1

Signature by solicitor on behalf of client

A conveyancing solicitor can sign the contract on behalf of his client, provided he has the express authority to do so. This could either be done by a valid power of attorney or through a letter in writing by the client. This permission should be given by the client after being made fully aware of consequences of such an authority. Without this authority a solicitor signing the contract would be liable for damages for breach of warranty.

ReX

davidmcn wrote: »

That's how firms of solicitors (or indeed other partnerships) traditionally sign things i.e. the name of the partnership "signed" by one of the partners. So if you've authorised your firm of solicitors to sign things, that's what it looks like.

Thanks, I didn't know that.

strawberries1 wrote: »

Signature by solicitor on behalf of client

A conveyancing solicitor can sign the contract on behalf of his client, provided he has the express authority to do so. This could either be done by a valid power of attorney or through a letter in writing by the client. This permission should be given by the client after being made fully aware of consequences of such an authority. Without this authority a solicitor signing the contract would be liable for damages for breach of warranty.

Thanks, this clarifies how it works. So I suppose that I am protected by the fact that in case something goes wrong with the purchase, the solicitor would be responsible if there was no authority (hence no reason for me to ask for a proof of this power of attorney). Is that the case?

strawberries1

ReX wrote: »

Thanks, I didn't know that.



Thanks, this clarifies how it works. So I suppose that I am protected by the fact that in case something goes wrong with the purchase, the solicitor would be responsible if there was no authority (hence no reason for me to ask for a proof of this power of attorney). Is that the case?

Yes, they'll be responsible.
You can query it with your sol and ask him to request the authority given.

ReX

strawberries1 wrote: »

Yes, they'll be responsible.
You can query it with your sol and ask him to request the authority given.

Thanks, I feel more relaxed now. After few troubles with my own solicitor (long story) I became very suspicious about all the details.

GDB2222

ReX wrote: »

Thanks, I feel more relaxed now. After few troubles with my own solicitor (long story) I became very suspicious about all the details.

I would not query this. The solicitor won't have signed without his client's authority. People don't exchange unless they intend to complete. Don't waste your energy on this particular point.

AnotherJoe

ReX wrote: »

Thanks, this clarifies how it works. So I suppose that I am protected by the fact that in case something goes wrong with the purchase, the solicitor would be responsible if there was no authority (hence no reason for me to ask for a proof of this power of attorney). Is that the case?

Logically it must be and I very much doubt the solicitor would pass on a copy of the POA as that's a private matter between them and their client.

Anyway how would you know even if they passed on a POA that it wasn't a fake ??

Do you know what the signature of the person responsible for signing for this company looks like ?

And even if you do, maybe it's a forgery. :eek:

ReX

GDB2222 wrote: »

I would not query this. The solicitor won't have signed without his client's authority. People don't exchange unless they intend to complete. Don't waste your energy on this particular point.

Good point, will follow your advice.

AnotherJoe wrote: »

Logically it must be and I very much doubt the solicitor would pass on a copy of the POA as that's a private matter between them and their client.

Anyway how would you know even if they passed on a POA that it wasn't a fake ??

Do you know what the signature of the person responsible for signing for this company looks like ?

And even if you do, maybe it's a forgery. :eek:

All fair points (especially the forgery ;-)), overall I am very stressed due to issues I had with my own solicitor.