Can I self represent during a house sale?

AshMan123

Apologies if this is worded incorrectly

My ex wife has agreed to buy me out of my share of our hold house for a agreed sum. Mortgage company have agreed to her re mortgage and her Soliciters are set in place. As all legal stuff etc is being done at her end and surely all I need to do is sign over my half and collect the cheque do I need legal representation or can I self represeant?

foxy-stoat

You will be advised to take out legal advice but if you agree with the consideration then you dont have to use a solicitor to sign the transfer of equity form and receive a cheque.

Comms69

You 'should' use a solicitor, as £500 or whatever they're charging would be a drop in the ocean compared to getting messed around.

SmashedAvacado

You will need to convince the buyer's lawyers to act as your agent at completion, because they cannot accept an undertaking from you to send the transfer. As such, they will have to hold the transfer TR1 at completion which you will have to send to them before then. At completion they will then as your agent, release the transfer to the seller and hold the completion funds for you.

You are going to need to do the land registry ID forms because they can't register the sale without having these from you and that will involve you seeing a solicitor to get those done.

G_M

SmashedAvacado wrote: »

You will need to convince the buyer's lawyers to act as your agent at completion, because they cannot accept an undertaking from you to send the transfer. As such, they will have to hold the transfer TR1 at completion which you will have to send to them before then. At completion they will then as your agent, release the transfer to the seller and hold the completion funds for you.

You are going to need to do the land registry ID forms because they can't register the sale without having these from you and that will involve you seeing a solicitor to get those done.

Why?

OP could attend the buyer's lawyer's office on date of Completion, sign/hand over TR1 and collect funds.


In fact last time I did this I met the buyer herself at my bank, awaited confirmation of receipt of funds nto my account, and handed over the documents to the buyer who was on the phone to her solicitor. Mind you, I thought her solicitor had been somewhat negligent to agree to this......


But yes, an ID check is required. Ring some local solicitors for qutes. £20? Or agree for buyer's solicitor to do this if they are cooperative.


In law, and in principle, OP can represent himself in this matter, though many solicitors on the 'other side' dislike it and make things awkward.

pollyanna24

When I bought out my brother's share in our property two years ago, I used a solicitor, but he didn't. My solicitor just sent him the various forms and he signed what either I told him to or the solicitor did. The money he was being paid was sent to my solicitor from my bank who then sent it onto him on completion.

Very trusting I guess, but there didn't seem to be any need for him to get his own solicitor, and going by Land Registry and mortgages, everything is just in my name now.