Hips Delayed Til 1 August

mark567

Doozergirl wrote: »

You can't expect ptoential purchasers to search through the blurb to discover whether it's a 3 bed with 3 beds or in fact a 3 bed with 4 beds, iyswim!

Searching through the blurb is the only way to find the gem that has two garages, (but only lists one because the second is more of a shed), to check potential for extension, which isn't always advertised, to find out about the professionally sound-proofed music room in the garden, or the vehicle lift (and a toilet) in the garage!

Also, you only need one individual to be interested enough to start asking why the thing is priced like a 4-bedroom instead of a 3-bedroom, and you've got a sale, and he (or she) will think they have a bargain.

courtjester

lynzpower wrote: »

I wonder, maybe courtjester could help me out here? If someone came into an EA wanting a 4 bed what is the legality of advertising a property with less "bedrooms" than it has?

Would it be a question of saying to a prospective buyer "well we've got this 3 bed with a large study that COULD be made into a bedroom"

Would any of these conversations clash with the advertising legislation?

Just tihnking out loud really

Hi Lynz, as far as I am aware there is no legal definition of what classes as "4 bedroom" property, until Ruth Kelly comes out with what will probably be the first definition in the re-written HIP regulations for 1 August - doubtless she will have in mind the fact that people will look to get around the regulations by trying on the 3 bed + study approach.

Like the regulations themselves, it is likely that this definition will be virtually unenforceable should homeowners seek to circumvent compliance as Trading Standards won't have the resources to investigate esoteric definitions - the problem with such a jerry-rigged implementation of HIPS.

For what it's worth, you need to go back to the under-pinning law (Property Misdescriptions Act) and decide whether the particulars are misleading and if so whether that confers any right to prosecute.

A property that is advertised as having 4 bedrooms, which in fact has no such accommodation (say a 2 bedroom flat) will clearly be a breach of the Act.

However, a 4 bedroom property that is advertised as 3 bedrooms is not necessarily misleading at all - 4 bedroom properties *do* have 3 bedrooms (as well as a further bedroom), so technically and legally almost certainly not a breach of the pre-HIP law... the point being that any misrepresentation that occurs isn't prejudicial to the buyer, quite the contrary.

This is an issue that will only arise over the question of penalising agents for avoiding HIPS.

Misrepresentation (by estate agents) of the vendors obligations under the Home Information Pack Regulations will be an offence under the new redress legislation (which was to come into force on 1 June to coincide with HIPS) and will be an "Undesirable Practice" under the earlier Estate Agents Order 1991.

So, any agent who knowingly goes along with the vendors 'suggestion' of 3 bedrooms instead of the reality of 4 to avoid implementing HIPS, will likely fall foul of the new law and could have their licence threatened.

In most cases of flats or two storey homes, I think it will be common sense as to the number of bedrooms, but there are clearly properties (especially bungalows with any number of blank spaces) where it might depend on usage.

Square footage rather than number of bedrooms, would be more sensible, if there is any sense to HIPS in their current form...