Buying a house which hasn't got a HIP.

[mrs.chappie]

We are thinking of putting an offer in for a house that has been on the market for a long time and the seller doesn't have a HIP.

Will we, as buyers, have to pay for the searches and the stuff that usually goes into the HIP?

Thanks for reply.

[buildersmate]

Then the seller is breaking the law unless one of the following situations apply:
- properties where there is no marketing, for example if you are selling to a member of your family
- non-residential properties
- properties limited by law to use as holiday accommodation or occupation for less than 11 months per year
- mixed sales, for example a shop with flat
- sales of portfolios of properties, for example selling two properties together
- properties not being sold with completely vacant possession, for example with a sitting tenant
- unsafe properties and properties due to be demolished
- properties sold through the ‘Right to Buy’, ‘Right to Acquire’ and ‘Social HomeBuy’ home ownership schemes

[Vagrant]

Or a house that's been on the market since before HIPs were required?

[buildersmate]

Not sure - but it would have to be prior to April 2009

[mrs.chappie]

Thanks for replies. There's a story behind it, she put it on the market before the HIP came into force, but let her son live in it, then her sister lived in it, she was hoping one of them would want to buy it, but her sister died and son moved away. Then she rented it out (tenants now moved on).

She has never had a For Sale board up - I found it on the estate agent's website.

She has told me it will take about 3 months for the legalities to be sorted out, if we decide to go ahead. Anyone know if this is correct?

[Vagrant]

I believe if it hasn't been on the market continuously then it needs a HIP.

I bought a house recently - the HIP was the biggest waste of money I've ever seen - several points in it were plain wrong, so make sure to double check everything.

[mrs.chappie]

Thanks Vagrant. I think she left it on the market, even though her son and sister were living in it. She only lives two doors away from the property so if anyone had wanted to buy it, her son or sis could have moved in with her. It was originally her mum's house, but her mum died, and I think she was hoping to keep it in the family, so not really pressing to find a buyer, if you know what I mean.

BTW, I know what you mean about the HIP!

[cassa333]

A 'lot' of convaincing (sorry about spelling) solicitors do the searches anyway so hips is a waist of time all round...

[humpy07]

I agree with Cassa333. The Council of Mortgage Lenders governs all domestic mortgages, and some lenders still require Official Searches to be done even if a HIP is in place. HIPs contain what are known as 'Personal Searches', which is basically when the search provider sends a little minion into the council office to look through huge amounts of records in order to compile the Local Authority Search. In most instances it is an unqualified person doing the search, and so the information contained therein cannot be relied upon. The Official Search is produced by the Local Authority and is the only search that can be relied upon 100%.

From a Conveyancer's perspective, HIPs are the biggest waste of time.

[mrs.chappie]

Thanks all.

We have now decided to go with another house, and apparently this one has a HIP of over 70 pages! Goodness knows what is gonna be in it to fill all those pages - I will find out tomorrow when I pick it up from the estate agents.