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Help - Hips Not Required

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Comments

  • Richard_Webster
    Richard_Webster Posts: 7,646 Forumite
    Part of the Furniture 1,000 Posts Combo Breaker
    You can start to market without the other compulsory elements being in place but continued marketing, if you cannot show that active steps have been taken to obtain the title documents, searches and EPC, could bring criminal liability.
    RICHARD WEBSTER

    As a retired conveyancing solicitor I believe the information given in the post to be useful assuming any properties concerned are in England/Wales but I accept no liability for it.
  • david29dpo
    david29dpo Posts: 3,984 Forumite
    Part of the Furniture 1,000 Posts Name Dropper Combo Breaker
    Yes you can market without the documents but they must have been ordered.
  • icecurtain
    icecurtain Posts: 121 Forumite
    So reading between the wiggly lines

    1. Tell agent that I am creating my on HIP
    2. Order the title documents, searches and EPC
    which could be a letter to a company that does these.(I presume proof of posting is enough?)
    3. Sell house
    4. No HIP purchased just a order placed which i assume can be cancelled

    this is crazy.
    But I will go with it I think.
    OOH MY!
  • david29dpo
    david29dpo Posts: 3,984 Forumite
    Part of the Furniture 1,000 Posts Name Dropper Combo Breaker
    Wrong, Wrong and wrong!
    The agent will need prove you have ordered a HIP or DIY.
    Yes, you can order the documents and book An EPC ( which you pay for )
    How can you say no HIP purchased? No HIP provider in there right mind will let you cancel an order, How could they after they have ordered and paid for the documents? I am all for DIY to save money but in this case, let the agent do it! or your solicitor
  • chriserenity
    chriserenity Posts: 275 Forumite
    The way we interpret the regs is that a hip must be ordered and paid for or an undertaking to pay must be entered into before the property can be marketed. In practice this means issuing a 'confirmation of order' to the client once all the documentation has been ordered.

    If you are self compiling I would say you can market your property only after you have requested the relevant land registry documents from LRO, have ordered your water and drainage search, have ordered (or made an appointment for) the local authority search and have arranged for an energy assessor to inspect your property. Once all those things are done your HIP is ordered and you can get on and market your property.

    If selling privately you will need to include the EPC Graphs in your sales particulars both online and hard copy by law.

    Does this clarify things for you?
    Happy to help with HIPs and EPCs
  • chriserenity
    chriserenity Posts: 275 Forumite
    As David says most HIP providers will ask for payment upfront and get you to sign a contract/enter into a credit agreement if not paying upfront. By now most providers will have been in the situation you are proposing and have gotten wise to such practices.

    You will not be doing yourself any favours by flouting the HIP regs. This is not good moneysaving behaviour!
    Happy to help with HIPs and EPCs
  • david29dpo
    david29dpo Posts: 3,984 Forumite
    Part of the Furniture 1,000 Posts Name Dropper Combo Breaker
    Here, here. I do understand the confusion some sellers have but i have had a seller who did this. I could have been left with £240 worth of useless searches and EPCs when someone tried to cancel. This is why i now insist on payment upfront. There are now plenty of providers to choose from, some doing them at cost just to get the business. Your solicitor is likely your best bet in this case
  • kunekune
    kunekune Posts: 1,909 Forumite
    As a potential purchaser, I would not be happy dealing with a vendor who was trying to avoid a HIP. In the big scheme of things, it isn't a lot of money. If you are trying to save that, it makes me think either you're a cheapskate who is going to be trying to cut corners elsewhere or that you're not serious about selling and, after spending money myself I may find you suddenly pull out.

    I'm not saying this is your own attitude but it is how many purchasers would interpret it.
    Mortgage started on 22.5.09 : £129,600
    Overpayments to date: £3000
    June grocery challenge: 400/600
  • icecurtain
    icecurtain Posts: 121 Forumite
    U TURN

    It is not a case of trying to avoid the HIPs more, I have two very eager people wanting my house after my Estate Agent mentioned that I am in a position to sell. (Good house fairly new, nice position , right price etc..)

    and I thought what a nause, I know that £300 in the big scheme of things is not much but felt the rules were a bit ambigous to say the least.

    And as I started the thread Help HIPs as I don't understand why they ( The Gov) mention these things on there Website as it just adds to confusion.

    Thanks for everybodys help it really has help me clarify my position, I am going to get my HIPs Tomorrrow.
    OOH MY!
  • Jorgan_2
    Jorgan_2 Posts: 2,270 Forumite
    icecurtain wrote: »
    U TURN

    It is not a case of trying to avoid the HIPs more, I have two very eager people wanting my house after my Estate Agent mentioned that I am in a position to sell. (Good house fairly new, nice position , right price etc..)

    and I thought what a nause, I know that £300 in the big scheme of things is not much but felt the rules were a bit ambigous to say the least.

    And as I started the thread Help HIPs as I don't understand why they ( The Gov) mention these things on there Website as it just adds to confusion.

    Thanks for everybodys help it really has help me clarify my position, I am going to get my HIPs Tomorrrow.

    So your agent has been marketing the property without a HIP when it is required to have one?
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