Unsigned tr1 by ex but solicitor has sold now what?

Caliburn

Hi 
So me and nearly ex have been to and fro with family solicitors. We (he and I) agreed to sell the family home, it sold in 24hours it was totally rushed through(buyers wanted it ASAP) quicker than our consent order that we still haven't got with the written agreement of the house details. He left the home 18 months ago. I sorted the sale. We moved 8 weeks ago. The money was transferred at the ratio me abs ex verbally agreed. I had an email from my conveyancing solicitor saying that my ex hadn't signed the tr1 form (that she had sent to him) and Can I get him to sign it and also myself on the new one attached. Reluctantly spoke to ex who started to moan saying he didn't want to sell anyway and no he hasn't signed the tr1? How could the sale have gone through? and where do we all stand now if he refuses to sign and ultimately says he wants the house that's why he didn't sign? 

greatcrested

If the seller (or one of the joint sellers) does not sig the TR1, it will not be registered by the Land registry in the buyer's name. The sale will not be registered.

The buyer (his solicitor) should not have transferred the money without either

a) a properly completed TR1 or

b) an undertaking by the seller's solicitor that a fully completed TR1 was in hispossessionand would be forwarded.

I suspect b) was rerroneously given by your solicitor.

Caliburn

So can he demand the house back? With us owning them the money? 

davidmcn

You and your ex were contractually obliged to sign the TR1 as soon as you exchanged contracts, so he doesn't have much choice other than to sign it (though yes it appears to have been initially a mistake by your solicitor).

Caliburn

OK thank you quite a relief