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Jo C.
Jo C., Barrister
Category: Law
Satisfied Customers: 70506
Experience:  Over 5 years in practice
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Hi my son has just been sent to prison for a short sentence.

Resolved Question:

Hi my son has just been sent to prison for a short sentence. He is on the point of buying a house. Can he sign the contract whilst he is in prison?
Submitted: 2 years ago.
Category: Law
Expert:  Jo C. replied 2 years ago.
Hi.
Thank you for your question. My name is ***** ***** I will try to help with this.
Yes, there is no reason why he cannot. He is still perfectly free to contract in prison unless, of course, he cannot make payment for instance.
The fact that he is elsewhere at the moment will not interest the mortgage company unless their contract is affected.
Can I clarify anything for you?
Jo
Customer: replied 2 years ago.

Hi Jo

Thanks for your answer. Just a couple of things please.



  • Is it mandatory that the contract is signed in the presence of the solicitor?

  • When his wife visits him is she allowed to pass the paperwork to be signed to him and for him to sign it and pass it back?


Thank you

Expert:  Jo C. replied 2 years ago.
If a solicitor is witnessing the signature then he will want it done in his presence. But he can attend prison to do that.
Customer: replied 2 years ago.

Thanks Jo

Just to clarify.



  • There is no requirement to attend the solicitor's office for signing.

  • The contract can be signed by my son and his wife during visiting at the prison provided there is an acceptable person to witness their signatures.

Expert:  Jo C. replied 2 years ago.
No.
The solicitor can visit him in prison for him to sign in the solicitor's presence.
Customer: replied 2 years ago.

I am still not clear.

Could you please respond to my second bullet. Does the contract have to be signed in the presence of a solicitor?

Expert:  Jo C. replied 2 years ago.
If a solicitor is witnessing the signature then he will want it done in his presence. But he can attend prison to do that.
Customer: replied 2 years ago.

Can it be signed and witnessed by a suitable person other than a solicitor?

Expert:  Jo C. replied 2 years ago.
I suppose any legal document could, in principle, be witnessed by anybody.
But to exchange on this contract it might well be required by the mortgage company that it is done in the presence of his solicitor.
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