I am purchasing a property from a Swiss resident who wants to use Swiss lawyers - my English lawyer claims that the other side has to be registered in England and Wales - is this true?
Province/Country relating to question : Surrey
Nothing tried -just need to know if this is a requirement!
HiThanks for your question .For clarity and the avoidance of doubt, could you please respond to the following USING THE SAME NUMBERING:-1. Is the property in England/WalesKind regards.Tom
The property is in England
HiThanks for your question. If there is a mortgage on the Seller’s property then the Seller’s lender will insist on a firm of solicitors in England and Wales being instructed. When a solicitors acts on behalf of Seller selling with a mortgage they also act on behalf of the lender to redeem the mortgage. Thus, the lender will insist a solicitor in Eng/Wal is instructed. If there is no mortgage on the property then technically the seller need not instruct a solicitor and therefore would be able to instruct a Swiss firm to handle the conveyance. However, when applying to register the property at the Land Registry your solicitors must list the Seller and whether they have instructed a solicitor. They would not be able to list the Swiss firm and would instead have to require the Seller to execute a Land Registry ID1 form proving their identity and have this certified by a Eng/Wal solicitor. In these circumstances the Swiss firm would be acting in an administrative correspondence-handling fashion only. Please remember to RATE my answer OK SERVICE, GOOD SERVICE OR EXCELLENT SERVICE or above if you are satisfied that you have received the correct legal advice (even if it is not the answer you wanted to hear), otherwise I do not receive any credit for answering your question. If you are not willing to rate my answer as OK SERVICE, GOOD SERVICE OR EXCELLENT SERVICE then allow me to assist further by replying asking what clarification you require rather than rating my answer at levels below.If you wish for me to provide you with further guidance on any question you may have in the future then please submit a further question to the board requesting me either by my profile or by marking your question. “FAO Tom”. Kind regards,Tom
BA (Hons), PgDip, Practising Solicitor
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