HIP... or lack thereof

chairmanofthebored

Hi

I was hoping for some advice regarding the ever popular HIP.

I am purchasing a house that was previously on the market for some time, the history is as follows:

Originally put up for sale in January 2008 for 183k
Price dropped several times over a period of just over a year leading to a buyer being found in April this year.
In late May the house came back on to the market at £150k
At this point I have stepped in and made an offer that has been accepted.

The estate agent tells me there is no HIP available for this property as they were not a requirement when the property was marketed originally.

Legally speaking does anyone know where I stand on this? I'd sooner not have to pay out for the drainage survey etc unless I absolutely have to.

Many Thanks

pawpurrs

If no HIP was required at the time (and even if it was it would be out of date now) then its the buyers responsability to pay for it. As it allways was before, most people buying will have to fork out, as the searches are out of date, by the time a buyer is found.
You can ask the other side to pay, but dont expect them to say yes.

chairmanofthebored

Can I theorise that maybe you're a seller yourself?

Let me rephrase my question...

Were HIPs compulsory in January 2008?
Does the fact that the sale fell through and the house was remarketed... and the fact the property was originally marketed nearly 18 months ago... mean that NOW they are required to provide one?

I'm sorry the buyer no longer needs to pay for the searches on the HIP, I don't make the rules.



Cheers

loki13

The buyer doesn't pay for the HIP, but if the searches are not recent enough for the buyers bank/building society, they are responsible for paying for the new searches. The same is true if there is no HIP, such as in this case. You could ask the vendors to pay, you could walk away if they don't, but you can't force the vendor to do them or pay for them.

poppysarah

http://news.bbc.co.uk/1/hi/business/6995259.stm
but they were only for bigger houses at first.

pawpurrs

chairmanofthebored wrote: »

Can I theorise that maybe you're a seller yourself?

Let me rephrase my question...

Were HIPs compulsory in January 2008?
Does the fact that the sale fell through and the house was remarketed... and the fact the property was originally marketed nearly 18 months ago... mean that NOW they are required to provide one?

I'm sorry the buyer no longer needs to pay for the searches on the HIP, I don't make the rules.





Cheers

As of December 2007 all properties required a HIP, so I guess thats when it must of originally come on the market.

I was trying to be helpful, a thanks would have been nicer, rarther than I must be a seller because I was telling what you didnt want to hear!

If it doesnt have one, and even if it did, the searches would no longer be valid, so you would need to redo them. Sorry!
If the vendor has broken the law, and markerted the property without one (I would be suprised as the Agent, would be unlikely to allow this, unless the property is exempt for any reason) Then you could shove the law at them. Far easier just to do the searches surely.

caljoemor

If the property was marketed after 14th Dec 07 then it needed a HIP in place or at least to have had one ordered.

If it was on the market before then and had 2 or fewer bedrooms then it does not need a HIP, but if it was taken off the market even for a day then it would then require a HIP. (I don't think this includes 'sold subject to contract' status)

Even with the above it is true that the searches would be out of date by now and you as the buyer would have to pay for new ones, you can argue the above but it depends how much and how quickly you want this house?