HIP question, I need advice please :)

Tiger_greeneyes

We've found a buyer for our house - they were the first people to walk through the door. The house was sold so fast that it went under offer before the HIP was done.

Is it possible that we can delay the HIP being done, and maybe even get out of it altogether? Money's so tight at the moment that if we can proceed without it then it would be such a help.

Thanks

Debt_Free_Chick

Sold via an agent or privately?

Tiger_greeneyes

Via an agent, does that make a difference?

andysstuff_2

Remember reading somewhere the fine is cheaper than theHIP - may be worth taking the chance and not having it done if the buyers are content, although their solicitor should insist it's done i would imagine.

Makes no difference if an agent or private sale

Debt_Free_Chick

andysstuff wrote: »

Makes no difference if an agent or private sale

If the property hasn't been placed on the open market, then no HIP is required. So if the sale was by "word of mouth" with no For Sale sign or any other marketing e.g. via classified ads, then no HIP is required.

Tiger_greeneyes

Thanks Andy, I might just risk it, I'll look into how much the fine costs. Our HIPs will cost £295+vat. Crazy really because the purchasers will be having to get most of that done anyway.

HIPs are a complete waste of time and money as far as I'm concerned. It's just another money-spinning racket we've been saddled with by our lovely government.

Tiger_greeneyes

Debt_Free_Chick wrote: »

If the property hasn't been placed on the open market, then no HIP is required. So if the sale was by "word of mouth" with no For Sale sign or any other marketing e.g. via classified ads, then no HIP is required.

That's interesting! Our buyers haven't got their house on the market yet, we're prepared to wait for them as we're not in a rush - we thought it would take months to sell. Maybe we should take the house off the market and wait for their call.

andysstuff_2

Looks like fine may be £200 PER DAY, however if you sold yours on day 1, then it'll still be less.

Debt_Free_Chick

Tiger_greeneyes wrote: »

Via an agent, does that make a difference?

The agent should already have commissioned the HIP. Strictly speaking, the agent shouldn't have placed the property on the market without having already commissioned (requested) the pack. So it should be "in progress".

The buyer can request the HIP and if they do, it must be given to them within 14 days of request.

Having said that, as it's been sold before you've received the pack, it seems it is no longer required!! See here. But you still need the energy efficiency certificate.

Speak to the agent and see where things are at.

You could negotiate with the buyer, as the HIP contains information that they are going to pay their solicitor to get e.g. searches. Perhaps split the cost?

Tiger_greeneyes

Thank you for the link, it's fantastic! I'm definitely going down that route. I'll contact the selling agent tomorrow. I might ask them to reduce their commission too, seeing as it's only been on the market for one week and in the local paper once. We've still not signed their terms and conditions. They're a bit lax aren't they!

"If you sell the home before you receive the Home Information Pack, there is no longer any need to provide a Pack. However, you will still have a legal duty to provide the Energy Performance Certificate, which must be given to the buyer at exchange of contracts, or as soon as it is available"

courtjester

It depends on whether the pack has been ordered or not by your agent - they should place the order on the day they start marketing your home. As such, the amount you pay will be as per the CONTRACT you have AGREED with the agent (it doesn't especially matter that you have not signed it if you have gone along with their standard terms without querying those terms).

It's most unlikely that the agent will agree to cancelling any pack order because (1) once ordered it has to be paid for and (2) the agents are responsible for your pack under the law, so it is them that stand to face any fine for non-compliance.