TR1 form signed and potentially held up in post - can I complete without it?

finnunderwood

Hello,
I am a first time buyer buying a probate property which requires a lot of work.  There have been lots of delays and my mortgage offer now expires on the 27th December.  I paid my deposit last Thursday in readiness to exchange the next day and complete tomorrow 20th December.  I was then told by solicitor that the TR1 form had not been signed by the seller and was being posted the next day (Friday15th December).  They sent it ordinary post, not tracked.  If it doesn't turn up by tomorrow to the seller's solicitors what are my options?  My solicitor has said I will have to apply for an extension to my mortgage offer and wait until after Christmas. Is there anyway round this, I was hoping to get in and start work while I have a holiday from my day job.  I currently live with my parents, so luckily I am not having to give notice on a rented property but it is really inconvenient, especially as the property has been empty for 3 years.  What advice would people give, grateful to know people's experiences and advice.

user1977

No, nobody's going to allow you to complete with the TR1 (allegedly) in the post (and you wouldn't want to anyway).

Where is the seller in relation to their solicitor? In theory they can either get to their solicitor in person today/tomorrow, or possibly a more local solicitor can help out. Or they try again with Special Delivery or a courier today. Depends how motivated the seller is (though the fact they've abandoned the TR1 to the Christmas post suggests not very!).

BlueVeranda

"was being posted the next day"

Ah yes, the classic it's (going) in the post, honest. I wouldn't like to rely on it, sadly.

As above, would be better if the seller could visit their solicitor in person to resolve this.

finnunderwood

user1977 said:

No, nobody's going to allow you to complete with the TR1 (allegedly) in the post (and you wouldn't want to anyway).

Where is the seller in relation to their solicitor? In theory they can either get to their solicitor in person today/tomorrow, or possibly a more local solicitor can help out. Or they try again with Special Delivery or a courier today. Depends how motivated the seller is (though the fact they've abandoned the TR1 to the Christmas post suggests not very!).

The seller is in Belfast and their solicitor is in the West Midlands (where the property is). I am not sure they are very motivated as they have been slow to respond through out, hence it dragging on for nearly 6 months

user1977

finnunderwood said:

user1977 said:

No, nobody's going to allow you to complete with the TR1 (allegedly) in the post (and you wouldn't want to anyway).

Where is the seller in relation to their solicitor? In theory they can either get to their solicitor in person today/tomorrow, or possibly a more local solicitor can help out. Or they try again with Special Delivery or a courier today. Depends how motivated the seller is (though the fact they've abandoned the TR1 to the Christmas post suggests not very!).

The seller is in Belfast and their solicitor is in the West Midlands

Ok, so they could do it at a solicitor in Belfast - perhaps one of the English firms involved has a branch or an associate firm in Belfast. But in theory any solicitor could give a suitable undertaking that they're holding the signed deed and are sending it to your solicitor.

Or it goes into (more reliable!) post today.

finnunderwood

user1977 said:

finnunderwood said:

user1977 said:

No, nobody's going to allow you to complete with the TR1 (allegedly) in the post (and you wouldn't want to anyway).

Where is the seller in relation to their solicitor? In theory they can either get to their solicitor in person today/tomorrow, or possibly a more local solicitor can help out. Or they try again with Special Delivery or a courier today. Depends how motivated the seller is (though the fact they've abandoned the TR1 to the Christmas post suggests not very!).

The seller is in Belfast and their solicitor is in the West Midlands

Ok, so they could do it at a solicitor in Belfast - perhaps one of the English firms involved has a branch or an associate firm in Belfast. But in theory any solicitor could give a suitable undertaking that they're holding the signed deed and are sending it to your solicitor.

Or it goes into (more reliable!) post today.

Thanks I have just phoned my solicitor and asked for any of these options to be explored.  I will let you know how I get on. Thanks for your suggestions

housebuyer143

I posted my TR1 special delivery for next day exchange and you wouldn't believe it but it didn't arrive! 
I sent proof and had taken a copy of the TR1 before sending and the solicitor agreed to use the emailed version on the condition I posted it again. Both turned up the next day together. 

In this case though, I doubt that solicitor will exchange because it's "in the post" with no tracking!

They are better off sending one special delivery today if they are serious about making the date.

finnunderwood

I have just found out that my TSB Funds and Help to Buy ISA are waiting to be used for the Exchange and Completion, I paid my deposit last week before being told that this TR1 form was missing from the buyer.  Solicitor is saying they can only hold onto the funds until Thursday and then they will have to be returned if there is no TR1.  I will need to then ask for an extension to the mortgage offer and go through it all again in the new year!  

finnunderwood

Thanks for the advice here.  Just to let you know, the TR1 turned up with the seller's solicitor on Tuesday pm.  The Exchange and Completion took place on the same day and I got the keys lunchtime yesterday.  Really pleased!  Now the hard work begins to make it a home! Happy Christmas everyone!

Sistergold

Yey! Wonderful news! Merry Christmas and let the work begin! 

EssexHebridean

Congratulations on your new home - so glad everything worked out (as indeed will your solicitor have been - the last thing they will have wanted was it having to be held over to the new year!)