Refusing to sign transfer deed

TBG01

wilfred30 said:

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

It doesn't excuse it, but plenty of transactions complete with documents completed incorrectly.

In most cases the Land Registry raise at as a requisition and it's simply a case of either amending a document or get a fresh document signed, which most people are happy to do.

princeofpounds

How can a document be signed incorrectly? Either it was signed or it wasn't, I would have thought?

GDB2222

user1977 said:

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.

Ultimately, and at her considerable expense, the court will sign the document on her behalf. 

GDB2222

princeofpounds said:

How can a document be signed incorrectly? Either it was signed or it wasn't, I would have thought?

Signed in the wrong place, or the signature wasn't witnessed. 

GoogleMeNow

GDB2222 said:

princeofpounds said:

How can a document be signed incorrectly? Either it was signed or it wasn't, I would have thought?

Signed in the wrong place, or the signature wasn't witnessed. 

Or witnessed by a relative

jwright

Thanks for your replies.  I'm not sure how it was signed incorrectly but agree it was probably in the wrong place and/or not witnessed.

What's she trying to achieve?  I think she incorrectly thinks that she still owns the property and can move back in if she wants to!  Plus she is really unstable and seems to enjoy making other people's lives a misery - she has a long track record of this.

The solicitor has tried calling her this afternoon but she gave him a mouthful of abuse and hung up.  I suspect formal proceedings will need to start asap.  Just feel sorry for the purchaser.  Thanks again for all the input.  And for the opportunity to write it down, as I feel a little better for it!!!

steampowered

If the purchaser needs to go to court, your relative will be ordered to pay the purchaser's legal costs.

These could easily be tens of thousands of pounds. The purchaser could decide to enforce that order by:
1) Making your relative bankrupt.
2) Passing the debt to bailiffs to visit your relative to recover the debt by seizing goods or her car.
3) Obtaining a charging order against your relative's new property.
4) All of the above.

It's a shame that your relative is so awkward. She probably gets away with it 95% of the time.

The problem for these people is that karma eventually bites them in the bum. There are the 5% of people who will take action and enforce their rights. 

GDB2222

jwright said:

Thanks for your replies.  I'm not sure how it was signed incorrectly but agree it was probably in the wrong place and/or not witnessed.

What's she trying to achieve?  I think she incorrectly thinks that she still owns the property and can move back in if she wants to!  Plus she is really unstable and seems to enjoy making other people's lives a misery - she has a long track record of this.

The solicitor has tried calling her this afternoon but she gave him a mouthful of abuse and hung up.  I suspect formal proceedings will need to start asap.  Just feel sorry for the purchaser.  Thanks again for all the input.  And for the opportunity to write it down, as I feel a little better for it!!!

You cannot help her with this? Formal proceedings will take a long time and be rather stressful for her. She will either need representation, which will be expensive, or she will have to deal with it herself in a timely manner. 

cx6

Your family member is still the legal owner of the sold property and will remain so until the transfer form is registered at the Land Registry.

However, the purchaser is the owner in equity, and presumably also holds a contract for sale signed by your relative (I assume contracts for sale were exchanged)

The purchaser will have to go to court and ask for 'specific performance' of the contract. This is likely to be granted as the money has been paid over. 

The purchaser should also ask for costs. 

Can you confirm if the purchaser has moved in ie did they get the keys?

jwright

GDB2222 said:

jwright said:

Thanks for your replies.  I'm not sure how it was signed incorrectly but agree it was probably in the wrong place and/or not witnessed.

What's she trying to achieve?  I think she incorrectly thinks that she still owns the property and can move back in if she wants to!  Plus she is really unstable and seems to enjoy making other people's lives a misery - she has a long track record of this.

The solicitor has tried calling her this afternoon but she gave him a mouthful of abuse and hung up.  I suspect formal proceedings will need to start asap.  Just feel sorry for the purchaser.  Thanks again for all the input.  And for the opportunity to write it down, as I feel a little better for it!!!

You cannot help her with this? Formal proceedings will take a long time and be rather stressful for her. She will either need representation, which will be expensive, or she will have to deal with it herself in a timely manner. 

Of course I would be willing to help with this.  However she is abusive and just shouts at me, she won't listen to reason.  I have told her that she will get into serious legal trouble if she continues to refuse to sign the document .  She doesn't care.  This is just one of many, many awful things she has done.  As context, I said family member but she is my mother in law.  I have tried to get help from the GP and from adult social services, I've spent hours and hours on the phone chasing down support, and I have progressed to exactly nowhere.  I believe her to be mentally ill but the system is broken.  Adult social services say it's a mental health issue so lies with the GP.  The GP says she needs to consent to a mental assessment but she refuses.  Unless she has a massive breakdown in a public place amongst strangers (she doesn't leave her house) then we are stuck.  It's so bad, if I spent 3 hours typing up all the awful things she's done, it would sound totally unbelievable to you and any other rational and sane person.

Yes formal proceedings will be stressful but if she continues to refuse, I don't see what else can be done.