Searches may well be the major weak spot for the forthcoming sellers pack

15th May 2007

As the Home Information Pack regime is about to get underway (with implementation being the 1st June 07), the Law Society have once again voiced concerns over the fundamental weaknesses presented by the HIP

Searches form part of the required content for the HIP pack. However deficiencies within the regulations will mean that the purchaser may be worse off as a result of inadequate lower level searches being obtained by some vendors.

When the pack regulations first started to be drafted, one core requirement was that the pack must contain "Local" searches compiled by the local authority, private search companies or the National Land Information Service.

What has happened in recent years is that the "personal" search market has grown because it has become a cheaper, quicker option for the seller / vendor. Personal searches, whilst perfectly legal, are not as complete or as accurate as local ones. The reasons for this usually is because of the restrictions on access imposed on the data systems made available by local councils.

As most people do not know the difference between the two, many sales transact without any queries or problems being raised. This is fine if you have no issues to worry about with the property, but if there are certain issues (and many can be serious) then the buyer / new owner could be inheriting trouble.

The dilemma is one of content over price and speed. Many pack providers will opt for the cheapest searches available to minimise costs. When you bear in mind that many providers will offer "no sale no fee" agreements, you will understand why costs are so important.

Buyers may be better off obtaining their own "local" searches to supplement those provided by way of a HIP.

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