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On the basis that the Judge has signed the Transfer, then Solicitor for Mrs can proceed and exchange Contracts without Mr signature.
I hope this assists and answers your question.
Thank you. Right so the judge has signed the Transfer Deed on behalf of Mr but not the contract. Just for the avoidance of doubt am I right in thinking that Mr Does not need to be mentioned in the contract? On a practical point of view should a clause saying that the contract and transfer do not merge be inserted as a Special Condition?
The buyers solicitor also believes that the contract should include Mr too. Is there any authortiy to the contrary?
The Contract will have to include a clause to say that the Court, by way of an Order dated xxx, authorises the Sale on behalf of Mr.
There is no need to put any special condition in the Contract concerning non merger.