Sale completed but TR1 form not signed by vendor

Land_Registry

strawberry* said:

Thanks everyone
@Land_Registry I understand that LR have cancelled the application as they received no response from my solicitor within the required timeframe. Is anyone therefore able to advise how often my solicitor should be making that OS1 request? 

The vendor’a solicitor are more or less saying there isn’t anything more they can do - they feel that sending the document twice by email and once in the post has been enough action to resolve this error. They also will not really engage well with us around this just saying that we are not their client. 

Understood. So at the very least your solicitor should have submitted an OS1 priority search to protect your purchase. 

Whilst the risk is small leaving it unprotected is unwise and protecting it is very easy. 

The other solicitor is quite correct re not acting for you but your solicitor does and they should be doing everything possible to resolve this asap even if they are very reliant on the vendor’s solicitor 

FergusCarrick

I am in pretty much the same situation here. I found out recently when I went online to get a copy of the title deeds for a piece of land I bought in November 2024 that the database had not been updated. On contacting my solicitor it transpires that they are still (13 weeks later) awaiting the TR1 from the vendor's solicitors. My solicitor had told me nothing, in all likelihood thinking that the problem would not be noticed. They have forwarded me an email chain which shows two attempts (one in January and one today) where they have chased the TR1 from the vendors solicitors. I believe I have a case against my solicitor for their lack of diligence (perhaps someone would confirm) but I imagine all I would receive is a meaningless apology. At this point my position is very similar to the OP. My solicitor says they have tried everything and the vendor's solicitor doesn't want to know. The silence is deafening

In the meantime my more immediate concerns are that I have done my own research and found two things; 
1. The vendor is now in all likelihood in Dubai, where there are posts from other people looking to get hold of them regarding pending liabilities in the UAE.
2. The address that the vendor used during and for the transaction is a holiday cottage. 

In short I have absolutely no confidence that the TR1 will ever be signed. Whether this was the intention of the vendor all along in the hope that I wouldn't notice and possession would revert to the vendor I can only hypothesise, but I would certainly like to protect myself against this. 

Firstly, what immediate steps do I need to take to protect and secure my interest? 

Secondly, what leverage do I have to gain a reply from the vendor's solicitors? At the moment they aren't saying anything. They won't engage with my solicitors, or with me, as to whether the TR1 is absent, incorrect or lost. 

Thirdly, if I do need to enforce a signature through the courts (and advice around this would be appreciated) how do I ensure that legal costs are borne by the vendor and / or their conveyancers? This purchase has wiped me out financially and I have no resources to pursue a legal claim?

For context, I bought the property through auction. I agreed to, and have paid, both the buyers and sellers legal fees. Does this strengthen or weaken my position or not affect it at all?

Thanks in advance. 

Oops, nearly posted my name there

Land_Registry

FergusCarrick - most of your Qs would be for others to respond to as appropriate based on own experience/knowledge
As far as the registered title is concerned our PG 19 explains how third party interests, for example a contract for sale, might be protected on the land register - Notices, restrictions and protection of third-party interests (PG19) - GOV.UK
Do continue to seek legal advice and rely on your legal rep to pursue matters as appropriate inc through the courts if necessary

GDB2222

I’m not a conveyancer, but the usual arrangement, as I understand it, is that the vendor's solicitor gives an undertaking to your solicitor to hand over a completed TR1 following completion.

Solicitors' undertakings are serious things. Not just a vague promise. So, if there are consequences arising from the failure to comply, I would expect that the vendor's solicitor will end up paying for it all. Or, their insurers. 

You should discuss your options with your solicitor. 

So, it’s just a matter of getting the vendor's solicitor to engage, and you can let them worry about chasing their client in Dubai or wherever he is.