Documents to sign at exchange (with a witness)

Updated: 28th Aug, 2024

Author: Charlotte Burton

Documents to sign at exchange (with a witness)

✍️ Signing the Contract

Your conveyancer will send you the final version of the contract to sign. The draft contract should have been initially shared with you as part of the contract pack, and you should now have been sent a physical copy containing any amendments made from the original draft.

Make sure you double check:

  • Your name is spelled correctly
  • No one has been missed off (if you are buying as a team)
  • You are listed as the buyer
  • The address is correct
  • The price is correct

Your conveyancer will generally want to receive your signed document by post before you agree on the date for the exchange of contracts.

📜 Other Documents to sign

Typically, these documents are reviewed and signed before exchange. They will also require someone to witness your signature.

  • This is a form sent to the Land Registry by your conveyancer to change the legal owner of the property.
  • The Land Registry are starting to accept electronic signatures, but this is quite a new development, so most conveyancers will probably need a physical signed copy.

  • The mortgage deed legally ties the mortgage loan to the property.
  • If you then default on the mortgage, this document gives the lender the right to take possession of the property.
  • After receiving the signed mortgage deed, the lender will release the funds to your conveyancer.

  • If you are buying a Leasehold Property you will be sent even more documents!
  • These include the notice of assignment/Transfer, Notice of Charge, Deed of Covenant, Certificate of compliance

  • If you are buying a Share of Freehold properties you will receive documents with information about this.
  • These should include the share certificate (if the freehold is held through a company), the Directors' Service Agreements or Appointment Forms if you become a director of the freehold management company.
  • You will possibly also receive Leasehold documents as above (as you may lease from the freehold management company, of which you own a share)

  • If the property is being bought jointly, this document outlines each party's share (including of the deposit and mortgage payment) and responsibilities.

👀 Who can be a witness?

The witness needs to:

  • Be 18+, sound of mind, and independent (not part of the property sale in any way, and not related to anyone who is).
  • Observe you signing the document in person, and then sign the document themselves, providing their name, address, and occupation (in some cases).

The witness doesn't have to be someone who is a close friend or has known you for a long time. You could ask a neighbour or a colleague or even go to the post office and ask someone there to witness you signing the document.

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