Selling Privately & HIPs

airhostess

Can you tell me, do you still need to provide a HIP if the property is being sold privately (ie, not even being marketed or advertised at all?) (Assuming this all happens past the last HIPs deadline date.)

Would a solicitor act for me to buy a property if it had no HIP?

Just wondering... thank you!

AH

Debt_Free_Chick

I think you need to describe the circumstances for us. How did you find a buyer, if there is marketing or advertising?

airhostess

Thnaks for your reply, I am potentially the buyer. We saw a cottage we liked in a location we wanted and popped a card through the door asking if the owner would consider selling it. We are in discussions now with them. Just wondering if they need to provide a HIP or not if we want to go ahead & buy.

Debt_Free_Chick

It looks like "no"

"I'm selling my house privately - do I need a Home Information Pack?
If you are marketing your property, even if it's just by putting a 'for sale' sign in the window, you need a Pack. Sales where no marketing takes place (e.g. to a member of the family) won't need a Pack."

See here

airhostess

Thank you so much!

AH

chriserenity

Hi,

If its a direct sale between you and the seller you won't need a HIP as the link below describes. However, word of mouth advertising is classed as marketing too according to CLG so if the seller starts asking around or puts even the smallest online ad up then that will trigger the requirement for a pack.

Yes, you will still find conveyancers who will order the legal paperwork outside the HIP framework. There are still plenty of HIP exempt properties going to market.

courtjester

airhostess - as the buyer, you do not need to worry about a HIP, it's not your responsibility. Any sale that has no public marketing is not subject to HIP requirements - so if you have approached the owner of the house, they have conducted no marketing.

Word of mouth is a bit fluffy - in theory yes, if you publicise the fact that you want to sell the property by telling people verbally, the rules say you are 'marketing' and need a HIP. However, in practice, it is Trading Standards who will be responsible for enforcing the HIP regs, and how likely is it that they are going to conduct a nationwide investigation to track you down.... I suspect they will be busy elsewhere on more important matters. :cool:

Richard_Webster

As far as the conveyancing is concerned from you point of view as a buyer your solicitor would deal with it in the same way as he did before HIPS came in - so there should be no problem. If there was a HIP you would have made a small saving in not having to pay for some searches.