x
By using this website, you agree to our use of cookies to enhance your experience.
Written by rosalind renshaw

Conveyancing cases are taking longer because agents are not passing over details of HIPs, a conveyancing firm has claimed.

Myhomemove said that when agents pass instructions to it, they often do not say how to get hold of the HIP.

In one case, an agent referred a conveyancing case to the firm on June 17, asking it to act for the buyer.

The agent indicated that a HIP was available on the property, but no more, and it took until July 7 before the agent gave the firm the whereabouts of the HIP.

Until then, says the firm, it could not know if it would be able to rely upon the searches in the HIP. It turned out that the searches were 17 months old and the property uninsurable and in need of renewing.

The total delay was five weeks. The firm says it can provide many more similar examples.

A spokeswoman said: “No matter what anyone thinks of them, for the time being at least, HIPs are here to stay. Until anything happens to change this, we all have to make the most of them.

“It does nobody any good if the HIP is kept a big secret. A delay of three or five weeks could be the difference between a successful exchange and a disappointing fall-through when nobody earns any money.”

She added that the firm does – unlike some conveyancers – rely on the searches in a HIP wherever possible, so that clients avoid the expense of duplicating searches.

Comments

  • icon

    Agree with Uncle Bertie 90%. Not sure about national chain, but there should be local affiliations which overlap & use the same protocols. It happens around Plymouth: www.fastmove.info How successful that is I don't know but it's a move in the right direction.

    • 14 August 2009 17:47 PM
  • icon

    "Shouldn't the Estate Agent have a copy of the HIP themselves as stated in the regulations. If they don't they are illegally marketing the property."
    Section 155 says the responsible person (estate agent) must "have in his possession or under his control" a HIP. Thank goodness the hard copy HIP is a rare beast, but the link to an online HIP satisfies the "under his control" bit. How long does it take to email a link to the online HIP to a buyer's solicitor? Maybe maximum of 30 seconds. And that is how it should be done. Anyone producing HIPs only on CD or, heaven forbid, only in hard copy, should be given a good slapping or worse. They should certainly not be in the business of providing HIPs. Anyone not able to produce a link to a HIP immediately should not be doing this stuff & people should not be instructing them.

    • 14 August 2009 17:41 PM
  • icon

    "Under the HIP regs the pack must be provided to anyone asking for it (with a few exclusions allowed) within 14 days." Actually what it says (Section 156 Housing Act 2004) is that it must be provided to the "potential buyer", defined as "a person who claims that he is or may become interested in buying a residential property" (subject to certain exclusions). Does that mean a solicitor or surveyor acting for the potential buyer has the same rights, effectively being their agent? The specific law doesn't say anything about this. I guess that it's implied though.

    • 14 August 2009 17:32 PM
  • icon

    Not too much to ask is it, Uncle Bertie?! The solicitors I refer to both accept only limited new clients so they can maintain high standards, are accessible and approachable for clients and have a significantly lower fall through rate than others. Client are treated with care and respect, not just another widget in a factory process. I am happy to forgo a few quid in referral fees because I more than make it back in satisfied clients and more deals in the bank. It is my clients who benefit from my recommendation, not me, which is after all, the way it should be. Call me old fashioned if you like...

    • 14 August 2009 17:22 PM
  • icon

    So what we need is a nationwide chain of good property lawyers who deliver very good service in return for regular work, with no referral fees etc?

    • 14 August 2009 16:50 PM
  • icon

    Steve - you say MHM is "no worse than a local solicitor who is in court all moring, takes an hour for lunch, and then leaves early to play golf!" - so MHM are 'no worse' than a local solicitor? High praise indeed! And their services degrades when your preferred case handler takes a holiday? Yet, you still recommend them to your clients over a High St firm? So, basically, it's the referral fees that keep them in the market and not the quality of service. That's the problem with volume conveyancing. Sorry to pick on you - just that you made my point for me. After 10 years in the market, these outfits should be shining examples of efficiency but they are little more than commission machines staffed by the cheapest people possible.

    • 14 August 2009 16:17 PM
  • icon

    Shouldn't the Estate Agent have a copy of the HIP themselves as stated in the regulations.

    If they don't they are illegally marketing the property.

    • 14 August 2009 13:59 PM
  • icon

    There are worse conveyancing companies than MHM. For instance I believe Countrywide are still trying to flog CPL!
    I refer to MHM and usually have great service from our case handler, if she is on holiday it can be a bit ropey, but no worse than a local solicitor who is in court all moring, takes an hour for lunch, and then leaves early to play golf!
    They work on a no exchange no fee basis on all our cases, I assumed it was the same for all of them. Maybe that's why they are so bothered about delays in getting the pack.
    We send the hip link as part of our sales memos. No delays then, and most complete in less than 6 weeks.

    • 14 August 2009 12:23 PM
  • icon

    So, they can provide many more examples can they? Then do so! Provide full details to together with any conflict of interest that they may have.

    • 14 August 2009 11:17 AM
  • icon

    "Can we see actual data to validate this anonymous spokeswoman's accusation?" Why bother?

    • 14 August 2009 10:54 AM
  • icon

    Can we see actual data to validate this anonymous spokeswoman's accusation?

    • 14 August 2009 08:54 AM
  • icon

    Under the HIP regs the pack must be provided to anyone asking for it (with a few exclusions allowed) within 14 days. If this firm is so concerned about so many delays they should speak to their lcoal Trading Standards office. Or could it be that these delays don't actually happen quite as often as they claim?

    • 14 August 2009 08:47 AM
  • icon

    Can we see actual data to validate this anonymous spokeswoman's accusation? This particular outfit has delayed my deals countless times by the inefficiency and general sloppiness of some of its "case handlers". It's a bit rich to start pointing the finger at agents for keeping HIPs a "big secret" whatever that is supposed to mean. Perhaps AHIPP, of which MHM is a leading member would like to explain where all of these "secret" HIPs are. Could it be that they are, in fact, incomplete - which is the responsibility of, er, HIP providers like MHM. I suspect the agents dealing with MHM are generally far more motivated to progress transactions on the basis that they, unlike MHM, only get paid if the deal completes. Perhaps agents should issue a snotty, negative press release in the Law Society Gazette every time MHM bungle a deal.

    • 14 August 2009 07:59 AM
MovePal MovePal MovePal