gazumping

decko11

question for conveyance people

where co-owners are concerned - if a contract is signed and exchanged but signed by only one vendor would it be enforceable ? assume all other aspects (eg deposit etc ) are met

234

It's not really a conveyancing issue as such. If the land is registered then there is no change of ownership until the transfer is executed. However a contract for sale may give you equitable ownership and there is the possibility of specific performance to enforcet the contract. In short, I'm not really answering your question.
Edit: you should just ask your solicitor; you really should have a solicitor for conveyancing. Out of curiosity, are you going for a joint tenancy or a tenancy in common?

dermot_sheehan

one co-owner could have signed as agent for another

signature for the purposes of the statute of frauds is construed widely.

its fact specific and i dont think advice on the internet is useful given the value of what is at stake.

Kosseegan

If the co-owners are tenants in common one co-owner can only sell his own interest. Since the 2009 Act the permission of the other co-owner(s) is needed.

234

The 2009 Act ony requires the consent of the other co-owner in the case of joint tenancies. S30 prevents unilateral severenve.