Signing house contract by post or at the solicitors office

[Chocy18]

Hi
I was just wondering if people could offer some advice. We are getting to the point of nearly signing our contracts on selling our current property and purchasing a new one. I know my husband is working in another town further away for the next couple of weeks making it difficult to get back to sign the documents at the solicitors office. He is saving his holiday for the move. He will be coming home each evening as he is driving there and back. Can I ask the solicitor if they can send the documents by post and we sign them at home. I understand they need to be witnessed but I could ask a friend to do that. I could then return them in person or by post. Suppose my question is do you have to sign them in person in front of the solicitor and go to their office? Many thanks

They can't just be witnessed by a friend-it has to be a notary public.

We signed everything with witnesses, didn't do anything like that with the solicitor. We only bought, not sold. I did take all the paperwork to and from the solicitor myself tho as they were soo slow/useless.

You can sign in front of any witness. I know this because I have done the witnessing for two sets of friends recently and they did the same for me.

That's really interesting, our solicitor told us it couldn't just be anyone,

We asked a neighbour to sign ours last time (engineer, nothing especially recognised as 'official'). Also the time before actually, our neighbour signed.

I think he'd have to be there in person.

I was in hospital on pregnancy bed rest when our sale was going through and as I needed to sign it in person DH had to get permission to temporarily remove me from the hospital, drive me to the solicitors and then take me back to hospital. (Caveat this was 18 years ago)

I didn't see my solicitor at all for my sale & purchase (just spoke on phone) and contracts were witnessed by friends.

Me too (england ) - solicitor was 150 miles away from both moves. All done remotely.

I witnessed a few property transfers recently and I am a nobody.

My Brother completed them in front of a witness abroad and sent them over.

Assuming you are in England/ Wales:

Contract does not need to be witnessed
The transfer deed needs to be witnessed (can be any non related adult who witnesses)
The mortgage deed - this must be witnessed and some lenders insist that the witness is a solicitor/ licensed conveyancer

Your husband can take ID and sign before another solicitor (for a fee) in the town he is working in if necessary then give you the document to take in to your solicitor's office. If he has a colleague who is a registered solicitor, they can witness his signature. I did that with our in-house lawyer at work.

Have always done it all by post, most recently a year ago.

That was for the mortgage deed, btw.

I work in the property department of a firm of Solicitors. Take note of Fleurchamp - spot on correct.

Contracts are not witnessed. Also they are usually signed very early on in the process but not dated until exchange but held by solicitor pending exchange.

Mortgage deed and transfer will be witnessed but can be done anywhere and is usually more convenient.

We're hoping to exchange next week and I know my other half will be away Mon-Weds. He called the solicitor today and explained our suitation and got an appointment this afternoon to sign the contract.

Thank you for your comments seems People have had mixed experiences. I'll mention it to the solicitors see what they say.

Fleurchamp is correct. I'm a conveyancing assistant so see this all the time. Contract and Transfer deeds are dated at completion.

I'm a conveyancing solicitor and Fleurchamp is right.

Good to have people in the know. So am I right to think then as long as the mortgage company do not insist on the witness being a solicitor for the deed we would not need to go to the office. Our mortgage is through Barclays, not sure if anyone could comment as to whether they do insist on a solicitor being the witness. Many thanks for your help.

That's right. Just check with your solicitor if the mortgage deed needs to be witnessed by them. They don't usually for standard residential mortgages.