Refusing to sign transfer deed

jwright

A family member recently sold their property and purchased another one.  4 months have passed and they still haven't signed the Transfer Deed for their old property. 

We have reminded them numerous times and their solicitor is consistently asking them by email to sign it (and copying me in) however this family member is saying they have no intention of signing it!  They are a bit odd, to put it mildly.  What will happen if they continue to refuse to the sign the Transfer Deed?  Anyone know?  I'm assuming they will be taken to court?

GDB2222

Have they been paid for the property they sold?

TBG01

Sold as in the transaction has been completed, or sold as in offer has been accepted?

I'd be surprised if the Solicitor proceeded to completion without being in possession of all the required signed docs. 

jwright

She signed the document incorrectly and so it's outstanding.  Yes the purchase completed and she received the money on completion at the end of September!

user1977

I expect that ultimately the purchaser can take her to court to enforce the terms of the contract and require her to sign a valid deed.

wilfred30

I imagine that this is going to get very messy for the purchaser.  Presumably, they will have to sue their conveyancing solicitor for completing without having a correctly signed TR1 as, I believe, they will not be able to register the property in their name without it.

That said, I wonder if they can also sue your relative for taking their money but refusing to sign the property over to them?

MaryNB

Does the higher rate SDLT come into it, if they hold the deeds to two properties?

user1977

MaryNB said:

Does the higher rate SDLT come into it, if they hold the deeds to two properties?

Probably not as they have completed the sale - HMRC aren't concerned with when the conveyance is registered.

jwright

Thank you for your replies.  What a mess she's creating!  I feel so sorry for her purchaser who has done absolutely nothing to deserve this.

Mahsroh

wilfred30 said:

 Presumably, they will have to sue their conveyancing solicitor for completing without having a correctly signed TR1 

My solicitor actually did this with my sale! We completed and a couple of hour later I received a hasty e-mail  with a TR1 form to sign after they'd realised it had been overlooked! Obviously not being "a bid odd" to quote the OP, I signed it and sent it back straight away! 

I remember joking with work colleagues at the time that I shouldn't bother signing it and see what would happen.... astonishing to see a post where someone actually has refused though! 

Thrugelmir

jwright said:

She signed the document incorrectly 

Intentionally?  What's the relative hoping to achieve.