The new Home Information Pack legislation dictates that any person marketing a property for sale must commission a Home Information Pack subject to government implementation guidelines.
It is the responsibility of the person marketing the property albeit the Seller or an Agent acting on behalf of the Seller, to ensure that a Home Information Pack is in place. The penalty for not producing a HIP is a £200 fine, together with the cost of having to produce this documentation.
The HIP consists of the following documentation:-
1. An Energy Efficiency Report.
This report will be prepared by a Home Inspector or Surveyor to assess the energy efficiency of the sale property. A Home Inspector or Surveyor will need to attend at the sale property in order to produce this document.
2. Local Authority and Water Authority Searches
3. Proof of Ownership of the property which will include in the vast majority of cases copies of the Title Deeds which can be obtained from the Land Registry.
Unfortunately the documentation required within a Home Information Pack will do very little to assist you in selling your property. The Energy Efficiency Report is unlikely to influence any potential Purchaser in relation to whether or not they wish to purchase the property. The Searches which must be commissioned are likely to be out-of-date and/or non-transferable to the Purchaser. Copy Title Deeds are immediately available from the Land Registry in any event.
Please note that no responsibility is accepted by ourselves for any information contained within the HIP provided by a Third Party. Reference here to Third Parties relate to Search Providers, Home Inspectors/Surveyors, HIP Providers and any other party involved in collating your HIP documentation. It is important that you ensure the validity and accuracy of the documentation provided in your HIP as this information may be relied upon by your Purchaser.
Please note that a Home Information Pack may be available in relation to the property that you are purchasing. It is likely that the HIP will have been produced by Third Parties who are unregulated and uninsured. No warranty or guarantee can therefore be provided in relation to the information contained in the HIP. The principles of caveat emptor or "buyer beware" still apply to property transactions and hence it is imperative that you make your own enquiries in relation to the property and do not rely on information provided by Third Parties including any documentation that may be contained in the Sellers Home Information Pack.
We confirm that we will commission fresh searches in relation to your property purchase transaction unless we receive your express instructions to the contrary. Please note that your Mortgage Lender will insist upon us implementing a new Local Authority Search in relation to your property transaction in any event. We will not therefore be able to proceed with the purchase of the property with the benefit of funding from a Mortgage Lender without having first commissioned a Local Authority Search on its behalf.
In order to assist you in selling your property we will prepare a Legal Sellers Pack on your behalf. The Legal Sellers Pack contains the relevant documentation to help you sell your property. In addition we will request your Title Deeds and Redemption figures from your existing Mortgage Lender. The work we undertake in preparing the Legal Sellers Pack will enable us to issue a Contract for Sale as soon as a Purchaser is found. The early production of a Legal Sellers Pack can reduce your transaction time considerably.
Should you require additional information in relation to Home Information Packs, please do not hesitate to contact us in this respect.
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