TR1 &TP1 advice and is my solicitor right or wrong?

fredmarklar

Advice on TP1 and TR1 and is my solicitor right or wrong?

Not sure if this is the right place for this but hopefully someone can point me in the right direction. 

I’m currently in the process of buying a new property and selling my current one. 

My new property is a new build from a small developer. 

I have got to the point where my solicitor has received the contract from their solicitor, but has raised a query as the name on the contract is the developers company name, but the land is registered in his personal name. So my solicitor have said that the land must be transferred to the company name before we can proceed. Ok makes sense to me. 

The developers solicitor is saying that this is not necessary as upon exchange and completion we can register a tp1 form moving the land from the developers personal name to the company name, and at the same time register a tr1 to transfer from the company to myself. 

My solicitor has said they are not agreeing to do this. 

I have spoken to the developer and their solicitor and they have assured me this is how they do it and how they have done for years and and is a common place practice for new builds, and that I need to be firmer with my solicitor and instruct them to carry it out. 

I am due to have a conversation with my solicitor on Monday, but was hoping someone with more experience than myself could put their 2 cents in to how I should tackle this stale mate between the 2 solicitors to ensure the purchase moves forward. 

Thanks!

Edit: I really want to understand if the process the developers solicitor is proposing is legit and ok, or if it’s a load of old tosh and I should push them to transfer the property to the company name before proceeding.

Thanks in advance! 

teachfast

Not sure about your question but remember if you are getting a mortgage the solicitor is acting on the lender's behalf as well as yours, so is unlikely to accept any instruction that they are unsure about. 

fredmarklar

teachfast said:

Not sure about your question but remember if you are getting a mortgage the solicitor is acting on the lender's behalf as well as yours, so is unlikely to accept any instruction that they are unsure about. 

Yes definitely have to remember that as it is with a mortgage. Was really after a steer if what their solicitor is proposing is legit and a common practice and my solicitor is maybe just not as experienced , or if my solicitor is on the ball and right