Posts Tagged ‘Guarantees’

HIPs are dead. A new Government is in place. Power to the People seems to be high on the agenda. The Economy is stuttering forward. Our football team ….. well, enough said! What now?

Over the last few months I have helped and overseen my Parents sell their home of 48 years standing and buy a home down-market. The key areas I want to talk about include —-

1. Choosing an Estate Agent
2. Deciding what information, and in what form, we could produce to help speed a sale through.
3. The Solicitors and dealing with buyers in the chain.

Being a local Surveyor/Valuer all the Agents wanted my Parents instruction. I advised my Parents after considering who would be buying their home and matching that “profile” to the sales record and “typical profile” of each Agency. A sole agency was agreed and a marketing strategy and what advertising would be completed. That was fairly easy but it did emphasis to me that all Estate Agencies are different and use differing tactics and skills to package themselves in order to obtain selling instructions. We ignored those tactics and looked under the surface to see what real skills each Agent had. We were not displeased with our final choice – in fact the Agent was simply brilliant throughout.

Next my Parents and I sat down and filtered through vast amounts of paperwork collected over 48 years. We defined several key documents that our own Solicitors would need – Planning Permissions and related Building Regulation Control Approvals with original Plans, Guarantees etc…. Again, this was easy.

Legal FORMS duly arrived and my Parents had to tick boxes for this and that and decide what was staying and what was to be taken away with them (not always easy to decide).

Eventually, and quite quickly because we had the price right to achieve a disposal, a buyer was found: in fact the whole chain was only three properties long and the top end was “empty”. Simple? No, not quite.

The chain was assembled quickly. What then did not happen was all three Solicitors meeting to decide a plan to achieve a simple and pain free transaction and to then inform the home owners of that plan and what to do if things became problematic. Instead a date was set for exchange and only at that point did all documents get a thorough scrutiny. That scrutiny revealed that elderly Parents had missed ticking that their home had mains gas and electricity (heating was via mains gas and the utility room is dominated by a floor standing large gas boiler and flue plus the Estate Agent details state all mains services are connected + the home has light fittings and power sockets for electrical gear). My Parents buyer and legal adviser could not accept the risk that my Parents home may not have these services and exchange was delayed until they could tick the boxes and return the Form.

Next came the Tree.

Now this is a fairly massive Wellingtonia that pre-dates the house by about 100 years. It is well within “influencing distance” of the house and drains and because its roots were causing damage to the public road outside my Parents house I declared that problem to the buyer whilst also pointing out the only cracking (minor) to the house.

The buyer chose to not have any private survey completed because the house was going to be adapted, expected and very significantly refurbished after detailed Planning Permission and Building Control applications were passed.

My Parents had no knowledge of buying and selling and were highly nervous of what to expect with each solicitor delay the degree of stress increased. The delays experienced were for many causes, including some via my Parents lack of knowledge and understanding.

The house my parents were buying was empty and when exchange of contracts was finally agreed they wanted to get Builders in to complete fairly minor works such a new Sink, one room to be redecorated, minor re-wiring, etc…. but the sellers only gave us a few days to arrange and complete this. This meant that when my elderly Parents actually occupied they went into a bombsite rather than a nice interior adapted to their medical needs.

I am not ranting here: this is not a witch-hunt. Instead I am trying to square the actions and needs of many people and comparing this with the service levels we received from several sources and attempting to ask and answer “is this how people should treat each other in this new century?”.

I have not mentioned the story of how one Agent nearly sold my Parents another home only to see that Agent shot themselves in the foot and those actions costing my parents several hundred pounds is abortive fees. Indeed, the above overview only details main events – many tales of delay and outright stupidity staggered me then and now.

HIPs were poorly designed and lacked the one thing that could have added true value to data exchange – a seller survey that the buyer could rely upon and sue if found to be bias or inaccurate.

In my simple, humble opinion, many changes are needed to regulate buying/selling and to put service levels and common sense at the heart of things.

Buyers must prove they have approved/sufficient funds available before any sale can be agreed. Yes, this means Mortgage Certificates need to be introduced coupled with a professional assessment of what value that persons existing home may achieve shortly. By this method an Agent and Seller could assess the real, effective buyers.

Agent Details should be of greater detail and anything printed thereon should be guaranteed (honest errors excepted) by that Agent before they can market any home. HIPs had a high legal content but the data was presented in a gooble-de-gook way. Environmental Data was similarly presented such that at one stage my own business was getting multiple phone calls each week from buyers asking for a translation service! If the usual legal Forms were also prepared by sellers, and checked/verified by solicitors, BEFORE the home reached the market then the period between “offered accepted” and “exchange” would greatly shortened and both hassle and red-tape would be reduced.

I do not hold to the view that this causes unnecessary costs and delays to marketing homes. Of course I am biased in favour of seller surveys but the over “greater good” is served if such changes were made. It just cries out to me that the existing selling system we have reverted to simply panders to the Agents rather serving the client, the great British Public, buyers and sellers.

Mortgage Lenders and Solicitors plus my own controlling body, the Royal Institution of Chartered Surveyors have a great deal to answer for in turning the defunct HIP opportunity to achieve real social change into a farce that was eventually scraped. If the public truly believes our current house buying system and both Agency and Legal service standards are adequate then, like Diego Maradona, I will run naked through the streets of my home town.

I would love the hear your views if you have recently bought and/or sold your home and especially if you had problems that required solutions to be found.

LEGAL COMPLIANCE ISSUES REMAIN?

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A DAY IN THE LIFE OF A HOUSE SURVEYOR

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Picture the recent scene – House for Sale, price agreed, finance settled, legal matters done, only the survey to be done.

Surveyor finds various disrepairs and works are needed. No problem – most matters are said (on the Agents Details) to be newly refurbished/completed and therefore assumed to be covered by guarantees. BUT – the HIP had not had any of the usual Report and Certification documents uploaded to it and the requested HIP did not include a copy of the Property Information Questionnaire (which is mandatory) to point the surveyor in the right direction.

Result?

The Surveyors’ private survey report to the purchaser had to include detailed “what if” (with guarantee and without guarantee) comments for each defect plus valuation advice on the basis of with and without guarantees. This created greater uncertainty and complexity such that we had to hold a one-to-one meeting with the clients to re-assure them that it was worth continuing and how they should proceed.

Our Surveyors role was extended from defect diagnosis to part legal and part marketing advice to hold things together. PROinspect have no problem with this but many Surveying Practices would not go that extra mile and so the Agents and Seller got lucky (to date we have received no thanks from Seller or Estate Agents).

The Sellers interest could have easily been disadvantaged had ANother surveyor been choosen to act for the clients.

All for the sake of taking HIPs seriously and using them intelligently. The Sellers, but probably the Agents, in the context of this specific case, could have uploaded -

(1)   Multiple Contractor Reports and Certificates/Guarantees

(2)   Building Control Approvals, with Plans

(3)   Details of rights-of-way

(4)   Boundary ownership

(5)   Simple list of what recent work was completed (more than just “main items”).

PROinspect have experienced a sequence of transactions where the Agents had not acted legally: HIP documentation was not forthcoming, or was incomplete, when requested by us. This is the first occasion where we have been critical of Sellers/Agents and so compliance is generally not an issue, it seems.

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Lets compare the performance of the Commercial Markets is getting its act together on mandatory commercial buildings Energy Certification. The following is an article from QUIDOS recently –

Commercial landlords ignore energy performance legislation

• Survey highlights compliance rates of just 22% with recent commercial energy legislation
• Landlords show reluctance to commission surveys amidst depressed market conditions
• Trading standards officers to use report to target property without an EPC

Quidos Limited, experts in property energy assessment and compliance matters have published the results of an autumn study into commercial energy efficiency certification across several South West regions, conducted with assistance from local Trading Standards officers.

The report shows that Landlord compliance with the 1-year-old Energy Performance Certificate legislation for commercial property (currently for sale or let) was still very low, with only 22% of commercial property appearing to carry a valid energy certificate.

Areas surveyed with their compliance ratings:

Area	Sample size	With EPC	No EPC	Not found
Bristol	200	44 (22%)	103 (52%)	53 (26%)
BANES	228	61 (26%)	54 (23%)	113 (49%)
Dorset	55	10 (18%)	29 (52%)	16 (30%)
Cornwall	125	22 (18%)	73 (58%)	30 (24%)
Wiltshire	115	20 (17%)	39 (34%)	56 (49%)
	723	157 (22%)	298 (41%)	268 (37%)

Although these results must be qualified by the methodology used they have surprised many industry professionals who had considered EPC compliance to be over 80%. Whilst Quidos have stressed that the figures are at best illustrative and focused only on the South West, they do highlight a lack of industry compliance which is likely to be repeated across the UK.

Speaking after publication, Quidos Operations Director Nick Branch spoke in favour of moves to improve awareness of energy efficiency; “These certificates provide a valuable asset rating of the energy performance of buildings. This data can and is being used by forward thinking landlords to improve the energy efficiency, and value of their property portfolio. With low cost loans available from the Carbon Trust, these energy saving improvements can be capital neutral in the short term and revenue generating in the longer term.”

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SAVING ENERGY

UpMyStreet’s room by room guide to energy saving. You could save up to £383 a year. Data taken from the public “upmystreet” website on 26/10/09:

Indeed, if you insulate all walls and all loft spaces to today’s thermal standards you could then change the space and water heating timeclock such that the fuel is off for about 30 extra minutes a day; you could also turn the thermostat down one or two degrees. These factors will save you money but continue to achieve the same comfort standards as before you upgraded your insulation – Why? – because your home heats up quicker and does not cool so quickly.

Kitchen:

1. Fill up your dishwashers and washing machines before you use them: one full load uses less energy than two half loads. By only using your dishwasher when it is full you could save an extra £15 a year.
2. Turn the temperature on your washing machine down from 60 to 40 degrees or, if you can, 30 degrees. Most washing powders will work just as well at a lower temperature.
3. Try to defrost your freezer regularly to keep it running cheaply. An over-iced freezer will have to work much harder to stay cool, in turn wasting more energy.
4. Only fill and boil your kettle with the amount of water you need when making a cup of tea.

Bathroom:

1. By turning off the tap while brushing your teeth you could save a massive five litres of water each time.
2. Place a Hippo (water saving device) in your toilet cistern and each time the toilet is flushed this will save you around three litres of water and money off your water bill.
3. The Energy Saving Trust recommends swapping one bath a week with a five minute shower to save up to £15 per year off your energy bill. Just make sure it’s not a power-shower as these can consume just as much.
4. Fix those nightmare leaky taps to save approximately four litres of water a day.

Living Room:

1. Switch your normal light bulbs to energy saving ones and you could use 80% less electricity. Energy saving bulbs last up to ten times longer too, just don’t forget to turn the lights off when leaving a room.
2. Rather than leaving your appliances on standby, turn them off at the source and make yourself a saving of £33 a year.
3. Insulate your home. Cavity wall insulation will help reduce the amount of energy you need to heat your home and keep it warm. This will make you a saving of £115 a year. While insulating your loft can make an extra saving of £150.
4. Turn the thermostat down by just one degree and although you probably won’t feel the difference you will be able to cut your bills by 10% making a saving of around £55.

So, in conclusion it seems we can save fuel and therefore money in order to pay the fines imposed for non-compliance issues. Great.

No – but seriously, well done residential Estate Agents but look out Commercial Agents: Trading Standards Officers will have picked up on these issues.