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Home Buying Reform Blog

Home Buying Reform - a way forward?

 0 Comments - Add comment Written on 01-Feb-2010 by nigelfarren

I have asked consumers and stakeholders how Government should reform the home selling and buying process. Based on these discussions and with a focus on what is best for consumers,  I have proposed the following to Government through DCLG. The proposal is a variation of the Scottish system:

  • estate agent, conveyancer and surveyor appointed, upfront.
  • Home Condition Report (HCR).  Upon request by an estate agent representing the seller, a RICS surveyor would provide an HCR which would be a variation of RICS new HomeBuyer report which went live in July 2009. Provision of  this "new HCR" would give the seller an early opportunity to carry out repairs, if needed to make the property more attractive to buyers. It would also reduce the likelihood of a buyer pulling out. Seller pays for HCR.
  • Home energy audit report including Energy Performance Certificate prepared by a energy efficiency professional with DEA qualification. Seller has the option to implement recommendations made in the EPC to make the property more attractive to buyers. If they decide to do this, they will receive a a non-repayable grant if eg loft /cavity wall insulation is required or an interest-free Pay as you Save energy (PAYS) loan if eg solid wall insulation is needed.  The audit and EPC would be paid by Government.
  • Upon sale, the PAYS loan would be taken over by the buyer as they receive the benefit of energy savings. A bank , retailer or other organisation would provide the loan with an interest subsidy paid by Government.  If the seller withdraws the property from the market, they benefit from energy savings.
  •  Property Information Questionnaire  - as currently in a Home Information Pack .
  • Valuation acceptable to lenders - prepared by a RICS surveyor based on local market conditions at the time the HCR is carried out. Such a valuation will be more accurate than an AVM.
  • In principle mortgage offer - valid 3 months maximum. Buyer must renew if not purchased a property within 3 months.
  • Legally binding contract. Sealed bids as in Scotland, based on RICS valuation not AVM or valuation of estate agent . This would lead to certainty of transaction, reduced costs, elimination of gazumping and reduce house price inflation.
  • Marketing - the home can be marketed by the estate agent straightaway providing an EPC has been commissioned.

The proposal effectively replaces searches in a HIP with an HCR as in Scotland. It is proposed that searches become optional not mandatory because:

  • to ensure the buyer is fully protected, the buyers' conveyancer should arrange searches not the seller's conveyancer
  • If the seller withdraws their property from the market, searches become worthless and the seller has wasted money
  • searches become out of date unless the home sells quickly
  • Local authorities are not legally obliged to provide searches quickly or cheaply so there is huge variation in cost, depending on where the seller lives
  • Government is unlikely to legislate that local authorities provide searches at a standardised fixed cost and within a certain time frame.
     

The proposal has also been sent to Grant Shapps at the Conservative Party. To date, I have not received a response from DCLG or the Conservative Party.

Readers comments are most welcome. If this will not work, why not and what is your proposal?

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