Home Information Packs (HIPs) - What it really means.
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It is now mandatory for those selling a domestic property
to have a Home Information Pack or HIP when selling their property.
Presently the regulations still allow you to
market your property as soon as you have commissioned rather than produced your
HIP but this is subject to constant review and may change shortly.
We have taken all practical steps necessary, including IT
investment, to provide our house selling clients with a top quality HIP within
a matter of days. Moreover, if we are instructed in connection with a client’s
property sale right through to completion we will provide the HIP at cost
price. A HIP will cost £233.83 for a freehold property and £263.21 for a
leasehold.
Additional Information
A HIP largely contains information which until now would
have been gathered by a prospective Buyer’s solicitor: a brief title
description e.g. freehold registered and sold with vacant possession (but not a
formal draft sale and purchase contract), evidence of title, planning consents,
replies to standard searches (local land charges search and water/drainage
searches) and an index. The only notable addition is the Energy Performance
Certificate ‘EPC’ which will give details of the property’s size, average
energy use per square metre, carbon dioxide emissions and an estimate of how
much it will cost to provide heat, light and water for the property.
We will supply separately from the HIP once a buyer has
been found a Fixtures Fittings and Contents Form and a Seller's Property
Information Form, both of which need to be completed by the seller.
A HIP for leasehold property will also need to include a
copy of the lease, associated legal documents, details of service charges and
regulations made by the landlord or by the management company.
Where we are instructed to prepare a HIP for a seller
client, certainly where the property is freehold, and whether registered or
unregistered, we expect the HIP to be fully prepared within the course of a
week. For leasehold clients compilation of the HIP is more problematic because
we have to rely on the managing agents or freeholder to come up with
information on service charges and confirmation that the ground-rent has been
paid up to date. They invariably make a charge for this information and may not
move as quickly as you or we would like.
The advent of HIPs has unfortunately spawned a whole new
industry of ‘HIP Providers’ who are aggressively marketing their product. Some
estate agents seeing this as another cross selling opportunity, have been
persuading their seller clients not to use their existing solicitor or solicitor
of choice, but one nominated by or on the panel of HIP Providers with whom the
agent has signed up. In return for this diversion of business the estate agent
receives a ‘referral fee’ and on the return of the completed HIP to the agent,
government regulations allow the agent to mark up the cost price of the HIP
which the seller has to pay. The HIP Provider can extract a second ‘referral
fee’ by passing on the legal work relating to the sale to their panel solicitor
who may well be based at the other end of the country and the bulk of whose
conveyancing staff are unlikely to be legally qualified.
There are no free lunches and these referral fees and mark
ups, heavily disguised by increased agents and solicitors fees, will ultimately
be paid by the unwitting seller. Beware also of estate agents offering ‘free
HIPS’ which are linked to an increased commission rate since the differential
is unlikely to be in your favour.
We are able to keep our conveyancing fees consistently low
(please compare the quotations on this website with those of our competitors)
because we do not pay referral fees and our ability to provide impartial
and independent legal advice is not compromised.
If you are thinking of selling your house we would strongly
recommend you approach us first so that we can prepare your HIP whilst
you arrange valuations by various agents and obtain marketing appraisals. In
that way, the HIP will be ready by the time you decide which agent to instruct
and the property can be placed on the market immediately.
If you require further information about HIPS please do not
hesitate to contact us and remember please, it is in your best interest to
instruct us before you instruct an estate agent to market the property for
sale.
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