EA wont let buyer have the HIP

pastmybest

RacyRed wrote: »

So because I'd not already viewed the property I'm not a serious buyer? What a load of rubbish! I'm a very serious buyer, serious enough to be spending hours and hours every day trying to find the right new home.

The EA I had a problem with insisted that the HIP could only be viewed in their office, and advised me that all estate agents apply this. Of the properties I had shortlisted this is the only one the EA has not provided the HIP for, so they were wrong on that one!

I have moved on from that property but am viewing in the next street this week, which is why I wondered if I should mention it to the seller. I would certainly want to know if it was my EA.

I agree with all you say and it is so so clear, when you read this board for a time, that many EAs do NOT know the legislation within which they work.

dsuk

One thing I find useful when looking at a HIP is the fact that you can see the living space area (in metres square) on the energy assesment page. This info helps you compare the sizes of different properties etc. I think in other countries (rest of Europe and the USA) it is quite usual for the floor area to be quoted in the agents details, but not so in the UK

RacyRed

dsuk wrote: »

One thing I find useful when looking at a HIP is the fact that you can see the living space area (in metres square) on the energy assesment page. This info helps you compare the sizes of different properties etc. I think in other countries (rest of Europe and the USA) it is quite usual for the floor area to be quoted in the agents details, but not so in the UK

I so agree with this. It is also really seful to be able to see the extent of any gardens/outside space on the HIP. It saves squinting at online maps trying to work it out

DVardysShadow

pastmybest wrote: »

This extract covers the point you make and it seems the EA can refuse to allow someone sight of the pack? From Business Link guide for EAs.


"Where you have good reason to believe the person is not a serious buyer, does not have the means to buy the property or is someone the seller does not want to sell to you do not have to provide a copy of the HIP. You should take care not to discriminate unlawfully though."

But is this guide mandatory? At the end of the day, I cannot see that the agent's belief would override the seller's final say so.

timmyt

as agents are obliged to let you have a copy as a buyer - if they think you are a serious buyer

pastmybest

DVardysShadow wrote: »

But is this guide mandatory? At the end of the day, I cannot see that the agent's belief would override the seller's final say so.

http://www.businesslink.gov.uk/bdotg/action/detail?type=RESOURCES&itemId=1081597881

My extract is from this web page above.

It is clear many many EAs ride roughshod over their supposed clients. Often quoting inappropriate legislation to support their controlling views. So whether it is mandatory, or not, I am not sure and I am not sure if Business Link would give the information if it were not true.

I often read on this board that YOU are the client and YOU tell the EA what YOU want. BUT in real life I doubt many do this and I doubt many EAs would give way that easily to their clients calling the shots.

DVardysShadow

pastmybest wrote: »

http://www.businesslink.gov.uk/bdotg/action/detail?type=RESOURCES&itemId=1081597881

My extract is from this web page above.

It is clear many many EAs ride roughshod over their supposed clients. Often quoting inappropriate legislation to support their controlling views. So whether it is mandatory, or not, I am not sure and I am not sure if Business Link would give the information if it were not true.

I often read on this board that YOU are the client and YOU tell the EA what YOU want. BUT in real life I doubt many do this and I doubt many EAs would give way that easily to their clients calling the shots.

Thanks for the link.It really is unclear from this however, where the 'right' not to grant access to a HIP derives from - in my opinion, it would derive from the ownership of the info in the HIP.

I just have to say that as seller if someone came and viewed my house, I would expect the Agent to defer to me over who should get the HIP. And I would very much want to know about the Agent making access difficult . This is certainly somewhere I would expect the client to call the shots - you would have to be a shrinking violet to let the Agent dictate on this.

pastmybest

DVardysShadow wrote: »

Thanks for the link.It really is unclear from this however, where the 'right' not to grant access to a HIP derives from - in my opinion, it would derive from the ownership of the info in the HIP.

I just have to say that as seller if someone came and viewed my house, I would expect the Agent to defer to me over who should get the HIP. And I would very much want to know about the Agent making access difficult . This is certainly somewhere I would expect the client to call the shots - you would have to be a shrinking violet to let the Agent dictate on this.

Yes quite and this is where this forum hopefully helps gives the weaker people the support. I am no shrinking violet and reading many of your useful posts nor are you but the weaker ones need good advice?

pastmybest

Even on the gov web site (see extract below) there is nothing about the EAs role in being able to refuse to giv eout the HIP so now wondering if this is a variation on the law made up by the EAs:(

Do you have to provide a HIP?

You should provide a copy of your HIP to every potential buyer if they want it. You can refuse to provide a HIP to the buyer if you believe that:

• they could not afford the property, eg people who don't have an ‘in principle’ mortgage
• they are not really interested in buying the property, eg a journalist posing as a buyer to get a HIP of a celebrity’s home
• they are not a person who you would wish to sell the property to (but this doesn't mean you can unlawfully discriminate against someone)

DVardysShadow

pastmybest wrote: »

Yes quite and this is where this forum hopefully helps gives the weaker people the support. I am no shrinking violet and reading many of your useful posts nor are you but the weaker ones need good advice?

Well, this thread started with someone finding access to the HIP was obstructed by the Agent, so it seems to happen. We have also had from one Agent's perspective the line that they are doing nothing wrong if they do obstruct - and I thought that the claim that it is not wrong for the Agent to do so a bit disingenuous - because it took the idea of wrong as being a breach of the law and completely disregarded the Agent's duty to the client and did not take into account that providing the HIP is at seller's discretion and the Agent can only distribute the HIP under delegation of the seller's authority.

I think that most sellers would be strong enough to put the Agent in their place if the Agent started to decide who should and should not get the HIP on their own authority. It gets more difficult for buyers being refused the HIP by the Agent, because the buyer does not have an overview of what the Agent and the seller have agreed. This is where Agents can start to get above themselves without the seller's knowledge - and this is where I think weaker buyers do need encouragement to go around the Agent.