Is the Instrument of Dealing Valid if the Vendor Did Not Personally Sign the Form?

Question from z, Is the Instrument of Dealing Valid if the Vendor Did Not Personally Sign the Form?

Answer from AI:

Issue

The issue here is whether the instrument of dealing (Form 14A) is valid if the vendor did not personally sign it, but instead, had the solicitor sign on his behalf.

Law

The law applicable to this situation would generally be the law of contracts and property in the relevant jurisdiction. In many jurisdictions, for a contract to be valid, it must be signed by the parties involved. However, a party may appoint a representative to sign on their behalf, provided that the representative has been given the proper authority to do so.

Application

In this case, the vendor asked the solicitor to sign on his behalf. If the vendor gave the solicitor explicit authority to sign the Form 14A on his behalf, then the form may be considered valid. However, if the vendor did not give such authority, or if the solicitor was not legally allowed to sign on the vendor’s behalf, then the form may not be valid.

Conclusion

The validity of the instrument of dealing in this case would depend on whether the vendor gave the solicitor the proper authority to sign on his behalf, and whether such an arrangement is permissible under the relevant laws.

It is crucial to consult with a legal professional to understand the specific laws and regulations in your jurisdiction. They can provide personalized advice based on the details of your situation.

Next Steps

• Review the Sale and Purchase Agreement (SPA) to understand the terms and conditions related to the signing of documents.
• Check if there was a Power of Attorney or similar document giving the solicitor the authority to sign on behalf of the vendor.
• Consult with a legal professional to understand the implications of the vendor not personally signing the Form 14A.

Please note that this information is a general guide and not a substitute for legal advice. Laws and regulations can vary greatly by jurisdiction, and individual circumstances can significantly impact the legal situation. Always consult with a legal professional for advice tailored to your situation.