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Original poster

Signing contract for exchange, help please!

33 replies

TrueBuys · 29/01/2022 18:18

I'm due to exchange contracts in the next couple of weeks. However, I haven't seen the draft contract from my solicitor yet. Is it normal that this has to be signed and witnessed and posted back? Or can it be signed and witnessed electronically?

The seller is issuing ultimatums, do hoping an electronic signature may be enough...

OP posts:

HotPineapple · 29/01/2022 18:27

If this is a residential property, the contract is in standard form and normally sent out for signature towards end of transaction. It doesn't need witnessing and your solicitor could sign it on your behalf if necessary as agent.

Original poster

TrueBuys · 29/01/2022 18:56

Thanks @HotPineapple so if in a hurry I could email consent to the solicitor and she could sign and scan it over to the sellers solicitor on the same day? Or is there any reason it would take longer than that?

OP posts:

HotPineapple · 29/01/2022 19:02

Yes, an exchange if contract can be done in 5 minutes.

zaffa · 29/01/2022 19:06

I think you need to ask your solicitor OP. I have always had to have the contract signed and witnessed and returned ahead of exchange. Sometimes it is signed in the solicitor office though.
Then when it came to exchange they would also get my consent to proceed with the exchange. I really don't think they will exchange without the correct documents in place - it's legally binding once exchange takes place

Original poster

TrueBuys · 29/01/2022 19:09

OK thanks. My solicitor hasn't responded to my question on this. I'd prefer to see and sign the contract and post back, but the seller is in a hurry so may expect my solicitor to do all this on my behalf.

OP posts:

TheSnowyOwl · 29/01/2022 19:10

I think you need to direct your seller to your solicitor.

mindutopia · 29/01/2022 19:30

We didn’t see the contract until about 2 days before we signed. It’s very short and doesn’t say much, so it took like 3 minutes to read. We signed (no witnesses needed) and I drove it to solicitor the day before exchange. It will need a proper signature, then is read over the phone between solicitors and then I believe they post them to each other.

senua · 29/01/2022 19:31

but the seller is in a hurry
So what? Don't be bounced into doing something that you are not totally happy about.

mindutopia · 29/01/2022 19:32

The solicitor cannot sign on your behalf. It needs a proper signature. It can be emailed to you, you print, sign and then either take into their office or post by special delivery.

Starseeking · 29/01/2022 19:44

You need to give your solicitor your clear instruction (authorisation) to exchange on your behalf. They can't just do it because of pressure from the other side.

zaffa · 29/01/2022 20:06

Reading so many people not have theirs witnessed, I will admit that it is possible we had to get the mortgage deed witnessed and not the contract but I can't recall now. I know there was absolutely witnessing and wet signatures but this was pre covid, and then also we had to give authorisation just before exchange.

GU24Mum · 29/01/2022 20:11

The contract won't need to be witnessed. Some solicitors will sign on behalf of some clients but it depends. One of the wfh changes is that Docusign is used a lot so they might use that instead which is very quick.

Paranoidandroidmarvin · 30/01/2022 07:09

Funny how they are all different. Our solicitor ( who was amazing ) sent ours out four weeks before we needed it. We had to have it witnessed and we dropped it back to them. So we were ready to exchange when everyone else was.
She was really good though and was ready way before everyone else was

FTENGINEERM · 30/01/2022 07:18

For us we had to sign it and not date it, then when the day came to exchange they would date and send to vendors solicitor.

Mudddypaws · 30/01/2022 07:21

We should be exchanging this week, contracts sent to us a while ago now which we had to sign, leave undated and post back to the solicitor.

HogDogKetchup · 30/01/2022 07:36

A contract does not need witnessing, yes your solicitor can sign on your behalf but that only usually happens because the original has been lost.

It’s the transfer that needs witnessing, sent at the same time as the contract and the solicitor will want to hold a signed transfer prior to exchange.

Deeds need witnessing, it’s a transfer deed. Contracts by their nature do not require a witness.

In any event the seller will have to wait for the legal formalities to take their course. If they pull out they’ll only have to start again and experience more delay. Don’t let them pressure you.

HogDogKetchup · 30/01/2022 07:37

@Paranoidandroidmarvin

Funny how they are all different. Our solicitor ( who was amazing ) sent ours out four weeks before we needed it. We had to have it witnessed and we dropped it back to them. So we were ready to exchange when everyone else was. She was really good though and was ready way before everyone else was

They’re not - it’s posters recollection that’s differs. They’re standard form contracts and transfers that are used in every single residential conveyancing transaction. If the format differs slightly (I.e the font or layout) the content will nonetheless be the same.

hypeman · 30/01/2022 07:41

We sold / purchased last January. We had to sign and post back.
Contracts were sent out way ahead of exchange (few weeks?! Maybe a couple) and solicitor then just sat on them until everyone was ready.

Our solicitor was very organised though and was easy to contact. If we emailed we usually had a same day reply. We never waited more than 3 working days. I honestly just think it's pot luck if you get an efficient one!

hypeman · 30/01/2022 07:42

We did need a witness for ours!

Solicitor wasn't local so couldn't. Estate agent popped in and witnessed for us.

HogDogKetchup · 30/01/2022 07:48

@hypeman

We did need a witness for ours!

Solicitor wasn't local so couldn't. Estate agent popped in and witnessed for us.

You needed a witness for your transfer. The contracts used are law society templates incorporating the standard conditions of sale.

Contracts do not require a witness, transfers don’t. These are usually sent at the same time and both are needed prior to exchange.

It’s likely that OP will need to find a witness for her signature to the transfer and this will need to be done prior to exchange.

Property solicitor with 10 years of experience here…

HogDogKetchup · 30/01/2022 07:49

*sorry transfer DO require a witness.

zaffa · 30/01/2022 08:47

Oh @HogDogKetchup as this thread has thrown up all sorts of questions about my recollections (I blame having had a baby since we moved only three years ago 😂) does the solicitor send over the mortgage docs to sign or do we do those independently with the bank? I can't for the life of me recall! I know they sent us the info direct from the bank but I can't recall what we signed (but I know usually the solicitors handle the mortgage / money laundering checks etc). It's driving me mad trying to recollect it all!

MinnieMountain · 30/01/2022 08:49

I suppose what’s confusing some posters is that different law firm send the contract out to sign at different times. My employers do it as soon as we get it, others won’t until they have all their enquiries answered.

WeAreTheHeroes · 30/01/2022 09:00

When we signed the mortgage deed, we had to have our signatures certified by a solicitor. Not all mortgage lenders require a mortgage deed.

GU24Mum · 30/01/2022 09:08

Every lender will need you to sign a mortgage deed but they have slightly different requirements for who they want to be the witnesses.

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