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Owner selling house themselves

just seen a house that the owner is selling independantly, is there anything i need to pay more detail to as i don't have an EA in the middle sorting this out.

First on my list is making sure they have a HIP

anything else?
2010 challenges
Saving £8k to add to house deposit - done:D
8000/10,200 done 28 April (started jan 1 2010)
Lose 2 stone/ -5/23 to go
Sell our house and buy another one
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Comments

  • G_M
    G_M Posts: 51,977 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Combo Breaker
    Do you mean not using an estate agent? Or solicitor? Or both?

    Not that it makes much difference - you need to check all the same things.

    The only major difficulty is if there is a mortgage on the property - solicitors allow these to remain after Completion. It is then paid off using the sale money once it is received. Solicitors give each othet 'undertakings' that this will happen, and under their professional code this is acceptable. A private seller's 'undertaking' would be risky to accept.

    Negotiating price direct with the seller can sometimes be easier, sometimes harder - depends on their attitude....and yours!
  • G_M wrote: »
    Do you mean not using an estate agent? Or solicitor? Or both?

    Not that it makes much difference - you need to check all the same things.

    The only major difficulty is if there is a mortgage on the property - solicitors allow these to remain after Completion. It is then paid off using the sale money once it is received. Solicitors give each othet 'undertakings' that this will happen, and under their professional code this is acceptable. A private seller's 'undertaking' would be risky to accept.


    thanks G_M and good point, i'll check about the solicitor, i think i will push for them to use one................just to amke sure i ahve some cover ;)
    2010 challenges
    Saving £8k to add to house deposit - done:D
    8000/10,200 done 28 April (started jan 1 2010)
    Lose 2 stone/ -5/23 to go
    Sell our house and buy another one
  • googler
    googler Posts: 16,103 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Combo Breaker
    just seen a house that the owner is selling independantly, is there anything i need to pay more detail to as i don't have an EA in the middle sorting this out.

    First on my list is making sure they have a HIP

    anything else?

    Second on the list - everything else. Everything.

    The owner says the lounge is 2.4m wide? Check it.
    The owner says it was built in 1973? Check it.
    The owner says it has a combi boiler? Check it.

    Private sellers aren't regulated by the Properties Misdescriptions Act - a private seller can say anything they like about their property, and if it's wrong, you have no legal comeback. Check it all.
  • timmyt
    timmyt Posts: 1,628 Forumite
    edited 11 March 2010 at 1:46PM
    Buyer beware when buying a house. never rely on the agents details (not that they say much these days), do your own homework.

    seller doing their own legal work is fine, though your lawyer will end up doing more work bumping up your fees, only so that the seller can avoid his. Great!

    I have acted for buyers from private sellers, and it is frustrating, and slower, and if you want to know the things to ensure I can list them - but OP is not saying he is doing his own legals so I will wait until you ask.

    as for the HIP - I assume there was 'marketing' done to attract you, as if there was no 'marketing' there need be no HIP, only an EPC
    My posts are just my opinions and are not offered as legal advice - though I consider them darn fine opinions none the less.:cool2:

    My bad spelling...well I rush type these opinions on my own time, so sorry, but they are free.:o
  • googler wrote: »
    Second on the list - everything else. Everything.

    The owner says the lounge is 2.4m wide? Check it.
    The owner says it was built in 1973? Check it.
    The owner says it has a combi boiler? Check it.

    Private sellers aren't regulated by the Properties Misdescriptions Act - a private seller can say anything they like about their property, and if it's wrong, you have no legal comeback. Check it all.

    so it sounds like that i should get the rolls royce survey done to help check these things, would you agree?
    2010 challenges
    Saving £8k to add to house deposit - done:D
    8000/10,200 done 28 April (started jan 1 2010)
    Lose 2 stone/ -5/23 to go
    Sell our house and buy another one
  • timmyt wrote: »
    Buyer beware when buying a house. never rely on the agents details (not that they say much these days), do your own homework.

    seller doing their own legal work is fine, though your lawyer will end up doing more work bumping up your fees, only so that the seller can avoid his. Great!

    I have acted for buyers from private sellers, and it is frustrating, and slower, and if you want to know the things to ensure I can list them - but OP is not saying he is doing his own legals so I will wait until you ask.

    as for the HIP - I assume there was 'marketing' done to attract you, as if there was no 'marketing' there need be no HIP, only an EPC

    thanks for your responce, i'm going to ring up and ask for a 2nd viewing and ask about the HIP and legal question.

    they just have for sale sign in the garden with thier mobile number on, if i hadn't driven past i wouldn't have seen it
    2010 challenges
    Saving £8k to add to house deposit - done:D
    8000/10,200 done 28 April (started jan 1 2010)
    Lose 2 stone/ -5/23 to go
    Sell our house and buy another one
  • Badger_Lady
    Badger_Lady Posts: 6,264 Forumite
    Part of the Furniture 1,000 Posts Photogenic Combo Breaker
    I sold my last house without an estate agent and everything was smooth and simple. The buyers were careful to check everything (as they should be anyway) - they even got a builder mate of theirs to check it over before making an offer. Just make sure you look at everything and ask all your questions. The advantage is that the person you're asking will know the answers!

    As a direct seller, I was more than happy to accommodate all their checks - a total of three visits before the offer, and another couple of visits afterwards. We were polite and friendly with one another and had the benefit of direct communication, making things speedy and efficient and avoiding any crossed wires.

    We each had a conveyencing solicitor to deal with the legalities and financials of the purchase.
    Mortgage | £145,000Unsecured Debt | [strike]£7,000[/strike] £0 Lodgers | |
  • G_M
    G_M Posts: 51,977 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Combo Breaker
    timmyt wrote: »
    I have acted for buyers from private sellers, and it is frustrating, and slower,

    Can be slower... or quicker! Another generalisation!

    I've acted for myself selling properties, and it tends to be the buyer's solicitor who slows things down. When I receive a query, document etc, I turn it round same day. Solicitors by virtue of the fact they are dealing with multiple clients may not action a request or task immediately.

    I'm sure it's true there are individuals acting for themselves who make mistakes/don't follow normal proceedure etc, and doubtless this can slow things down, but as we've seen recently on this site, solicitors can make mistakes too!
  • G_M
    G_M Posts: 51,977 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Combo Breaker
    so it sounds like that i should get the rolls royce survey done to help check these things, would you agree?

    The decision about which survey to have is different. I wouldn't for a minute recommend to someone to have a less thorough survey just because an estate agent was involved!

    Whether to have a full survey or housebuyers depends on
    age of property
    general condition
    whether you plan to extend/modify
    how confident you are yourself in looking at the property
    whether it's one of 100 identical houses in an estate or a one-off
    etc

    but NOT whether an EA has been involved!
  • googler
    googler Posts: 16,103 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Combo Breaker
    timmyt wrote: »
    Buyer beware when buying a house. never rely on the agents details

    There aren't any! That's the whole point of this thread.....
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