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Estate agent refuses buyer proper access to HIP
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anadin_2
Posts: 30 Forumite
I am purchasing a property and would like some advice. The estate agent selling the property I'm buying refuses to email me the HIP and also refuses to email me the HIP's online link "owing to data protection". As I was in the EA's office at the time, I asked if I could write down the link myself - "no".
I asked them to print me out a copy - "that'll be £25 pounds then," I was told.
The only option the estate agent gave me was to sit in their office and read the HIP - a 52 page document which wasn't particularly practical. I scanned it but that is all I could do.
I was told my solicitor would have to email me the HIP "if he is allowed to". I have asked my solicitor to do this and have also chased him up about it, but am uneasy that he also may charge me an extra fee for this.
I told them I was under the impression that the purpose of a HIP is for the BUYER, ie ME to have access to it..!
Has anyone else come across this madness, and what is your opinion of the legality of it..? I would be very grateful for any advice.
I asked them to print me out a copy - "that'll be £25 pounds then," I was told.
The only option the estate agent gave me was to sit in their office and read the HIP - a 52 page document which wasn't particularly practical. I scanned it but that is all I could do.
I was told my solicitor would have to email me the HIP "if he is allowed to". I have asked my solicitor to do this and have also chased him up about it, but am uneasy that he also may charge me an extra fee for this.
I told them I was under the impression that the purpose of a HIP is for the BUYER, ie ME to have access to it..!
Has anyone else come across this madness, and what is your opinion of the legality of it..? I would be very grateful for any advice.
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Comments
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This is clearly ridiculous. Something must be wrong if they're so reluctant to show you the HIP. you should proceed with great caution from now0
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As the vendor paid for the HIP then they own it. So arrange another viewing or get in contact with the vendor some other way, perhaps by letter and tell them that their agent is putting off a serious buyer for the sake of a rip off 25 pound fee!!! I suspect that will get you a copy PDQ.
Also find out if the agent is a member of the NAEA or any other body and ring them up to ask what the procedure should be and report the agent's actions.0 -
Make an official complaint -
http://www.direct.gov.uk/en/HomeAndCommunity/BuyingAndSellingYourHome/Homeinformationpacks/DG_171890
They're allowed to charge a reasonable fee for copying it -
Just ask whoever is advertising the property for sale for a copy of the HIP. This is usually an estate agent, but could be another business or individual.
They must give you a copy of the HIP free of charge if you ask for it. However, they may make a reasonable charge to cover the costs of copying and posting it.
You should get your copy of the HIP within 14 days of the request being made.
http://www.direct.gov.uk/en/HomeAndCommunity/BuyingAndSellingYourHome/Homeinformationpacks/DG_1718000 -
I have found the reason for most agents not showing any potential buyer the HIP is its not ready or not even been done. I know of one house that has been on the market for 4 months without a HIP.0
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Threaten to report agent to local trading standards department. Tell him you will do this if he doesn't e-mail the HIP or a link to it immediately.
They are only entitles to refuse to supply the HIP if they have grounds for saying OP is not a serious potnetial buyer. The HIPs I do I put on a website and e-mail my client and the estate agent the link and it is then up to them what they do with it. I would assume that they would simply e-mail on the link to anyone interested and asking for it. I cannot imagine why this agent thinks there's a problem with that!RICHARD WEBSTER
As a retired conveyancing solicitor I believe the information given in the post to be useful assuming any properties concerned are in England/Wales but I accept no liability for it.0 -
Just as a matter of curiosity do buyers normally request a HIP before putting in an offer or not? I ask this because our buyer put in an offer without seeing the HIP (in any event it was just on the market and the HIP not yet available). We are also looking for a new property and wondered what our best course of action in this regard was?0
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We had exactly this with one estate agent in Buckinghamshire, they didn't want us to see any HIP. We even sent requests in writing for copies of the HIP and they ignored them. We didn't kick up a fuss because we wanted to view other houses they had on their books.
I think it is a policy of some agents to try and discredit HIPs by being able to say "no buyers have seen them". It nearly wound me up enough to go to trading standards and get them to fine the agent though.0 -
I would ask to see the HIP before viewing. It may contain or tell you things you dont like!0
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Thank you for your informative replies. I should have requested the HIP before I made an offer, but especially now my offer has been accepted and solictors instructed I would have thought there should be no problem with my being emailed a copy/link to the HIP.
I also wouldn't have thought £25 is a reasonable fee for p/copying, given how many thousands the vendor will be paying the EA...? As for posting, it's all local so I can collect it. My solicitor said this morning that other EAs in the area have no problem emailing copies of HIPs.
I will definitely be writing to the vendor as well, to let him know how obstructive the EA is being.
Thank you poppysarah for the link to the Gvt website - I've emailed the EA to let them know what it says and told them I look forward to receiving a copy within 14 days. I've also emailed the EAs Data Protection compliance officer, to ask them if this is their normal procedure.
No replies so far... I won't hold my breath... I would say this EA is one to avoid. It's a national network - so, in case any others on this forum have the misfortune to have dealings with them - their name rhymes with "Donnells".0 -
Why is £25 unreasonable, and why do you think the EA should bear the cost and time of printing it out of their fee, when the legislation specifically makes provision for them to make a reasonable charge, and seperates it from their fee?
It takes time to print - 50/60 pages or so?
While it's printing, the office can't print anything else, unless they have more than one printer.
If they've had to buy a second printer so that they can print other stuff while churning out HIP packs, that's even more reason to charge £25.0
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