Home Information Pack Demand

bobbler50

Hi ! New to the site and forum so please forgive any mistakes,etc.

Hopefully someone may be able to advise.

Up until about a month ago we have had our house on the market for almost three years with a well-known agent. Obviously, with the recession, etc. we knew it would be difficult to sell and after a while we were resigned to staying put for a few more years. However, about a month ago, we decided to switch agents and the new agent has already shown more enthusiasm amd professionalism than the old one did in almost three years. We have had some viewings and interest shown ( not one viewing in the 2/3 years with the old agent ).

Yesterday, we received a letter from the old agent asking for a payment of nearly £500 for the Home Information Pack that they hold for our property (as per the contract). There is also the threat of legal action if we do not pay this in full. We can't afford to pay this and wondered whether we are legally obliged to do so. We are now very worried and any help or advice would be gratefully received.

Thank you !:(

RabbitMad

yes, you agreed to pay £500 for a HIP 2-3 years ago if you withdrew your property from the market without a sale. you have now done this so have to pay the money.

googler

Whilst we can't see your contract (you have read it, haven't you), it's most likely that the pack would either be paid for from the proceeds of sale, or by you when you removed your property from the market, or from the first agent. This has now happened, and they, or the firm they instructed to produce the pack for you, now wish to be paid.

If you can't afford to pay it straight off, you need to negotiate with them over staged payments or similar.

bobbler50

Hi rabbitmad !
I understand that we did sign the contract and cannot change that. But they also signed the contract saying they would try to sell our house. In all the time we were with them they showed no interest whatsoever. There were four viewings arranged (no-one turned up for any of them - I know that's not the agent's fault) and one hour before each arranged viewing we received a phone call from the agent saying they could not send a representative as they were too busy. I phoned the branch and went into the branch on several occasions asking for a re-vamp of the photos and marketing, etc. And they never showed any interest or enthusiasm. The only time they offered to "reassess" the way I was marketing the property was when I said I was thinking of switching agents. The original letter from them (re: the HIP) says they will not release to us the url needed to access the pack until we pay. Now they are threatening legal action for payment for something we haven't got or want. Not sure about what to do next.

bobbler50

RabbitMad

bobbler50 wrote: »

Now they are threatening legal action for payment for something we haven't got or want. Not sure about what to do next.

Pay the money and get the pack. (By the way nobody wanted the packs or thought they were any use what so ever)

Quick question though: How can agent 2 be marketing your property without the EPC from your HIP?

cattie

Why on earth did you stick with agent no.1 for so long if he wasn't able to produce potential buyers for your property?

googler

bobbler50 wrote: »

I understand that we did sign the contract and cannot change that. But they also signed the contract saying they would try to sell our house. In all the time we were with them they showed no interest whatsoever. There were four viewings arranged ......

The agent's performance has nothing to do with your obligations under the contract to provide your HIP

When you pay for the HIP, you'll get the HIP in the form of the URL. We know you don't want it now, but you agreed, under contract, to pay for it.

bobbler50

Thanks for all replies - much appreciated!