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Should sellers beware house sale reform?

Should sellers beware house sale reform?



You don't need property price indices to see that the house-selling market is hotting up. All around Britain you can hear the screams of anguish from buyers and sellers alike as they undergo the torture of dealing with unscrupulous estate agents and recalcitrant solicitors.

Buying or selling a home has long been recognised as one of the most painful experiences you can go through - only divorce and bereavement hurt more. Inexplicable delays, broken chains, gazumping and gazundering all conspire to push up blood pressure levels. The Office of the Deputy Prime Minister says: 'Under the current process, consumers lose £1m a day, mainly due to sales falling through at a late stage.'

Home Information Packs (HIPs) are the government's answer to this agony. The packs, which will be mandatory from June next year, are intended to contain all the information a potential buyer needs to know about a property before signing on the dotted line. The government believes it will speed up the sale process and reduce the number of failed deals. But the scheme has come under heavy fire from lenders, surveyors, estate agents and their trade bodies. Below we list the main criticisms and consider whether they are justified.

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HIPs will delay vendors from selling their house, and therefore put them off the idea

Anyone who walks into an estate agent's to put their house on the market will be told they must compile an HIP before they can start marketing it. Specialist HIP provider My Sale Pack (www.mysalepack.com, 0870 2851474) estimates it will take two weeks to compile a pack containing a Home Condition Report (HCR), an energy efficiency report, replies to standard searches, proof of title and planning consents. Extras, such as details of planning within a five-mile radius and ratings of schools and colleges, can also be included. Marcus Cox, chief executive of My Sale Pack, says: 'Serious homesellers are not going to be put off by the two weeks it takes to collate this information. And it will save time in the long run: the buyer's lender and solicitor or conveyancer currently have to do this before exchange of contracts, and they can take much longer than two weeks.'

Sellers will end up paying much more to move house

Up to now, the buyer has paid for the valuation and local searches before exchange of contracts. This means that if anything bad crops up, he can back out of the deal. However, he will then lose the cost of the valuation - £200 on average but as high as £830 for properties worth over £1m - and local authority searches, which cost from £80-£220 depending on where you live.

Once HIPs are introduced, these costs will be transferred to the seller, who must include this information in the pack he has to draw up before putting his house on the market. Provided he is buying another property, he should recoup this by not having to pay for the information on his new home. However, there are concerns that lenders will not accept the HCR for valuation purposes when deciding whether to lend a mortgage on a property (see below). This could result in sellers forking out for two surveys of their home.

HIPs are expected to cost between £700 and £1,000. To ease the burden of meeting this cost, My Sale Pack plans to offer an interest-free, no repayment loan for six months. After this interest will be charged at about 7.5 per cent on any outstanding balance. Other HIP providers will no doubt do the same.

Lenders will not accept the Home Condition Report for valuation purposes

HIPs will not include a valuation, and the Council of Mortgage Lenders says the HCR will not remove the need for lenders to conduct valuations on each transaction to assess potential levels of lending risk. Spokesman Bernard Clarke says: 'Lenders will need a robust valuation of the property. That information may or may not be contained in the HCR. We believe more than half of the mortgages applied for will require a traditional valuation.'

One lender told Cash that, while the HCR contained sufficient information on the condition of the property itself, it gave no idea as to its location - a factor that can have a huge influence on the value. 'The property may be on a busy or quiet street, in a corner position, or back on to a factory. You'd have no idea from the report,' it said.

Another lender, the Nationwide, said that, while it supports the idea of HIPs and intends to take part in a trial run later this year, the Office of the Deputy Prime Minister has yet to make enough information available to work out whether separate valuations will be necessary.

Even if a separate valuation is necessary, it need not cost a fortune. The body in charge of examining home inspectors - the Awarding Body for the Built Environment (ABBE) - is working on a qualification to enable inspectors to make a valuation at the same time as conducting the home condition report. Alternatively, lenders may increase their use of 'desk-top valuations', using computerised data about previous surveys conducted on the property for sale and those nearby.

There will not be enough inspectors, and they will probably be cowboys

The ODPM has estimated that between 5,000 and 7,400 inspectors will be needed by June 2007. Training courses have been up and running for several months, and last week the government announced that 2,500 people were training or had qualified as inspectors.

Apparently there is no need for panic. Although courses for those starting from scratch can take up to two years, chartered surveyors already doing valuation work can do 'top-ups' lasting an average of six months. Courses are being run by several bodies, including the Royal Institution of Chartered Surveyors, and Surveyors and Valuers Accreditation. Everyone must take the same NVQ Level 4 (equivalent to degree level) exam, run by ABBE. It's not easy - only qualified surveyors have taken the exam so far, and the pass rate is just above 50 per cent.

All home inspectors must have standard professional indemnity insurance cover of £1m per claim, and are liable to all three parties involved in a property purchase - the seller, the buyer and the lender - to ensure their independence.

Guardian Unlimited © Guardian Newspapers Limited 2006

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