Offer accepted but not seen HIPS - what to do?

sallycanwait

We put an offer in on a house on 24 August and it was accepted. We were told by the estate agent that this was on the condition we used the same solicitor as the vendor (which now turns out to be a lie) to speed things up.

We asked on numerous occasions to see the HIP report but so far have not seen it. I have an email from the estate agent on 3 September saying:
I have access to the HIP and will be able to e-mail it to you separately however it has not been fully completed yet. Once I have it all I will send it through.

Obviously we are still waiting. I have been calling every day for the last week and only get voicemail and they never return my calls.

My understanding is that a property cannot be marketed without a HIP in place and that I should receive a copy within 14 days of requesting it. is this correct? The vendor mentioned when we saw them last week that they had been sent a questionnaire to fill out that week - I assume this is the PIQ - shouldn't this have been done long before now?

The sale has no chain as the vendors are moving into an empty property and we are FTBs so for the process to be taking this long is unacceptable and unnecessary, not to say extremely frustrating.

Is there anything I can do to kick their proverbial backsides and get things moving?

avisccs

Is there any house selling near the area, probably on the same street, by a different agent. If yes, don't call them for a few days. Then call them and tell them that you have got another property in mind and would like to change your mind because the other one seems to be at a better price/condition/whatever. Then you say that because the offer of this house has been accepted, you feel guilty about changing your mind, and you would like to 'consult' the agent what you should do in this occasion.

If there is no house on sale with another agent, but house on sale with the same agent. You can call them and say that you feel the vendor doesn't want to sell them the house, because things are so slow at the moment. You will have to move on and ask to look at other properties.

btw, in my opinion, if they are trying to hide the HIP, there is probably something wrong. Give yourself a second option.

chickmug

http://www.direct.gov.uk/en/HomeAndCommunity/BuyingAndSellingYourHome/Homeinformationpacks/DG_171800

Read this link.

Threaten with Trading Standards.

http://www.direct.gov.uk/en/Diol1/DoItOnline/DG_4017483

sallycanwait

Update:
Just spoke to vendor who is equally frustrated at how slowly things are going - they have pretty much everything packed ready to go and have even provisionally booked a removal firm for October!

She told me that they were asked to send the house deeds last week which she sent through registered mail. All council reports were done weeks ago but they received a letter last week to say thanks for the information sent they were now just waiting for the report from our mortgage lender's surveyor. This went to the underwriters on Monday so this shouldn't be holding things up.

It just seems like we're both being told different things and still nothing is happening.

tek-monkey

I thought the HIP had to be present to go on sale?

hostman

sallycanwait wrote: »

We put an offer in on a house on 24 August and it was accepted. We were told by the estate agent that this was on the condition we used the same solicitor as the vendor (which now turns out to be a lie) to speed things up.

They sound like an unscrupulous agent. You can use which ever conveyancer you want.

I'd be inclined to withdraw from the purchase, citing their unreachable behaviour.

sallycanwait

Don't really want to do that - we love the house and the vendors are lovely people and also extremely angry at the estate agent. Think things are too far along now to pull out without losing money on both sides.

Have spoken to my solicitor who is going to send an email to the other solicitor to try and chase and speed things up.

It's almost laughable that I originally scoffed at the house buying is the most stressful thing you'll do adage. No chain, good deposit, no worries! Not anymore!:rolleyes:

tek-monkey

Why is your solicitor emailing their solicitor, if they are the same solicitor?

chickmug

See the red bits from the NAEA Code of Practise

Offers
a) By law you must tell clients as soon as is reasonably possible about all offers that you receive at any time until contracts have been exchanged (in Scotland, missives have been concluded) unless the offer is an amount or type which the client has specifically instructed you, in writing, not to pass on. You must confirm such offers in writing at the earliest opportunity and keep a written or computerised record of all offers you receive.

b) You must not discriminate, or threaten to discriminate against a prospective purchaser of your client’s property because that person refuses to agree that you will (directly or indirectly) provide services to them.

Discrimination includes the following:
• Failing to tell the client of an offer to buy the property.
• Telling the client of an offer less quickly than other offers you have received.
• Misrepresenting the nature of the offer or that of rival offers.
• Giving details of properties for sale first to those who have indicated they are prepared to let you provide services to them.
• Making it a condition that the person wanting to buy the property must use any other service provided by you or anyone else.

chickmug

tek-monkey wrote: »

I thought the HIP had to be present to go on sale?

See extract from Gov site: -


The HIP is made up of required (compulsory) and authorised (optional) items. There shouldn't be any marketing or advertising material in the pack, so make sure it contains official information only. From 6 April 2009, the HIP must be available and contain the following documents on the first day a property is put on the market:

• Home Information Pack Index
• Property Information Questionnaire (PIQ)
• Energy Performance Certificate (EPC) or Predicted Energy Assessment (PEA)
• sustainability information (required for newly built homes)
• sale statement
• evidence of title

If the following documents are unavailable when marketing begins, they should be added to the HIP as soon as they are available. These documents must be included within 28 days of the date the property was first placed on the market:

• standard searches (local authority and drainage and water)
• a copy of the lease for leasehold properties
• commonhold documents, where appropriate

sallycanwait

Chickmug you're good! Thanks for those.

I have emailed the estate agent again citing the legal requirement to send the HIP through within 14 days of request. I have also emailed Consumer Direct with this information as well.

The EA don't have a complaints system on their website but the Property Ombudsman website says that I should complain initially to the agent before they can take a complaint further. Should I just email the branch or use the Contact Us form on the website?

Should I wait until the sale is completed before I complain to avoid upsetting them and causing more delays?