Sign documents for exchange (with a witness)

Introduction

Before the exchange of contracts, there are several documents you'll need to sign. These include the final contract, the Transfer Deed (TR1), and a mortgage deed (if getting a mortgage). These documents usually require a witness's signature to verify that they watched you sign the document and confirm your identity.

Your conveyancer might ask you to sign these documents before they have completed enquiries or other legal work. Don’t panic; this situation is normal! Returning the signed documents doesn’t mean you are committing to anything. You only commit to the purchase when you exchange contracts, which your conveyancer will only do after they have checked everything is fine and asked for your confirmation that you are happy to exchange.

✍️ Signing the Contract

Before exchanging contracts, 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 will now be sent a physical copy containing any changes made from the original draft.

Make sure you double check:

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

This contract must be signed by everyone involved in the purchase and by a witness who confirms that they saw you sign the document.

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

🔀 Transfer Deed (TR1)

The transfer deed or TR1 form is sent to the Land Registry by your conveyancer to change the legal owner of the property to be you.

As with the contract, double-check that the information in the form is correct. Check that all the names have been spelt correctly, the property address is correct, and all the other information is accurate.

The Land Registry is starting to accept electronic signatures for the TR1. However, this is quite a new development, so most conveyancers will probably need a physical signed copy.

If the TR1 is signed physically, it will also need a signature from a witness.

💰 Mortgage Deed

The mortgage deed is an agreement with your lender confirming you agree to your mortgage's conditions. You must have signed this document for the lender to release the mortgage funds, but it is not legally binding until the transaction is completed.

You should read through these conditions (typically only 1 or 2 pages) and ask any questions if there is anything you don't fully understand.

The deed legally ties the mortgage loan to the property. So, if you default on the mortgage, this document gives the lender the right to take possession of the property.

Everyone named on the mortgage must physically sign the deed (again, with a witness).

📜 Other Documents

In certain circumstances, you will need to review and sign more documents before the exchange of contracts can occur.

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👀 Who can be a witness?

Many of these documents require a witness to sign them to confirm they saw you sign the document and that you are who you say you are.

However, not everyone can legally be a witness. To witness a document, a person 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 signing it 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.

FAQs