Seller Refusing to Sign TR1

WalkerT_2 · 22 October at 3:43PM

Hi,

The sellers of the property we are buying are going through a divorce, one of them is refusing to sign the TR1 and collect personal belongings from the property.

Yesterday we were notified by our conveyancer that an urgent application has been approved by the courts for the removal of the personal belongings and for the seller to sign the TR1, however no hearing date has been given. What does this actually mean as I thought the court had the power to appoint someone to sign the TR1 without the non cooperative person being present?

Any help on understanding this process and possible timescales is much appreciated as we aren’t getting much from our conveyancer.

user1977 · 22 October at 3:57PM

I presume it still requires a hearing, no matter whether the defendant actually turns up?

m0bov · 23 October at 6:09AM

I would run a mile, at least look elsewhere and wait for the legal processes to finish. I don't think they are in a position to sell T the moment.

JM68 · 23 October at 12:19PM

A court can decide to let someone else sign the TR1 or the judge can effectively do it themselves. The hearing would be a chance for the applicant to say why it should be signed and give the respondent the opportunity to put their case or argue against. If the court has previously made an order, as part of the divorce proceedings, that the house should be sold it may be straightforward. However, if it is the case the couple agreed to sell and one now does not want to that is probably going to make it more complicated. Maybe see if you can establish what the position on this is through the conveyancing solicitor.