• Son Selling House To Father

    By Guest on 31st Oct 2014

    Hello, I hope you can help.
    What is the best way to go about selling a property to my father? We want it done in the legal way, but obviously want to minimise costs. There is no conflict between us on price or conditions etc. There should be a more straight forward way than choosing two different conveyancing teams.
    I would appreciate your advice.

    Many thanks,


  • 1 Answers

    By Guest on 29/12/2014

    It is always wise for all parties to be represented in any transaction. There could for example be issues with the legal title which you don't know about but which affect the value and you would not want to inadvertently cause your father a loss. Also you need to be sure that your father can register the property in his own name so as to be legally protected. If your father is represented and you are not there may be issues that need to be resolved which you don't know how to deal with. Having said all that you don't need to be represented and indeed, provided your father isn't getting a mortgage he doesn't need to be either. All that is required for the transaction to take legal effect is for you to sign a TR1 in your father's favour which he must then submit to Land Registry with an application form AP1, a completed ID1 form signed by a conveyancer for each of you and if you have a mortgage (this must be repaid) evidence of discharge. This will either be form DS1 signed by the lender or they may elect to submit an electronic discharge direct to Land Registry.

    The Code of Conduct for solicitors does not allow the same firm to act for both buyer and seller in most circumstances since there is a risk if a conflict of interest, whereby it is impossible for the solicitor to act in the best interests of both clients simultaneously and even where it is allowed (inter-family transactions are one such exception) many firms are not prepared to take on the work because of the risk that a conflict might arise further down the line when it might be difficult for them to extract themselves.

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