Posts Tagged ‘Lenders’

Buying a home is already clouded with obstacles so why do we put up with additional hurdles introduced by some Lenders? This article outlines just one way the paying customer can be placed second to corporate practices that serve to mystify what should be a simple process.

I was speaking to a loan valuer recently and he mentioned a bizarre situation that cost a purchaser many hundreds of pounds in fee costs.

The Valuer (Bob) was sent a property loan valuation instruction on a Victorian house in the south of England. On inspection Bob noted that the rear kitchen/bathroom wing of the building was constructed in half-brick form, common for the period in that district. Technically this part of the home was below habitable standard notwithstanding these walls had been weather-proofed externally and set internally with a dense render. The ratio of sub-standard wall to cavity full-standard walling was about 20 per cent.

Bob prepared his report in accordance with that Loan Company’s Valuers Manual and they accepted it and offered the client purchaser loan finance accordingly.

Unbeknown to Bob as his report was being considered the client purchaser decided to change lenders for a better interest rate just announced by Company B. Ten days later Bob received, by pure chance, the instruction to value the same home again.

Bob prepared another report. However, this second report was very different from his previous report. The second report simply said that the home did not comply with that Loan Company Valuers Manual criteria and was declined as being acceptable security. In other words no loan could be offered.

The reason behind this change in adequacy of security was stated as being that the wall construction was sub-standard and the Loan Company did not lend on sub-standard forms of construction.

Bob had been paid £400 in total for his two inspections. The client had paid over £700 in total mortgage application fees. Estate Agents in the property chain were many thousands of pounds out of pocket on lost commission charges. The rippled effect caused these individuals, and many others, massive loss of revenue, waste of time and effort plus related stress and disappointment.

Who was to blame for this bizarre situation?

It may be unconventional but I believe it is the Loan Companies en-mass. The Council of Mortgage Lenders, the body that regulates loan lending, considers allowing individual companies the right to have differing lending criteria is satisfactory even if the public are not told these vital policies.

I am sure each Lender is, in the small print somewhere, under a duty to publish their leading criteria and so “it is not their fault that customers choose not to read lending terms given to them”.

So what can be done about this bizarre situation?

This is the easy bit but is something that seems to always be talked about but never completed.

How about we properly regulate Estate Agents including the introduction of standard examinations upon a syllabus that includes construction recognition and general property compliance issues to Lenders Valuer Manual criteria. OR…….

The Council of Mortgage Lenders should be granted the power to issue only one set of lending criteria to all Valuers on behalf of all Lenders.

Any system, as is currently in place, that throws the emphasis on to a non-trained ordinary member of the public to decide matters of technicality of construction, is fundamentally flawed and unfair.

I believe the Office of Fair Trading are failing in their duty to provide effective monitoring and regulation in a marketplace that is well known for its protectionist and monopolistic tendencies that operate against the best interests of the consumer.

I also believe the Royal Institution of Chartered Surveyors has too long buried its head in red-tape to accept the real challenges before it: why have they not recognised this simple fundamental market flaw that places their membership is a rather strange relationship with the end client, the home buyer.

By the way — if the Home Information Pack scheme had had a Sellers Survey (like the system that currently operates in Scotland) included then none of this nonsense would be possible. Oh well, we cannot expect too much from weak Government and less than fully impartial market Regulators, can we?

What will happen to House Values?

What price professional integrity?

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These are the ramblings of a Chartered Surveyor Housing Expert in south Hampshire, England. They are published as we enter the run in to our General Election 2010.

Let me propose a few facts and then begin to think about how they may interact as we sail through this election and the current recessionary period.

1. The established Planning/PUSH estimate is the need for 80,000 new homes in south Hampshire by 2026.
2. The national and southern divorce rate is high, and increasing.
3. Repossessions remain a current property and social problem.
4. Despite several false dawns, property values are not booming or buoyant.
5. The majority of home buyers still DO NOT take any form of independent home condition or valuation advice.
6. The majority of Estate Agents and Buyers-in-general still pay lip service to Home Information Packs.
7. SAVA/Hometrack are introducing “Probable Value Range” opinions within Home Condition Surveys that can be generated by the newly created Home Inspectors for Home Information Pack purposes.
8. To stimulate savings the Bank of England must increase rates of interest, perhaps sooner than many wish or expect.
9. National and local housing starts are falling as we speak and I expect that rate of building to fall even further as disposable incomes fail to rise in the next couple of years.
10. Lenders continue to offer loans on terms unacceptable to most first time buyers (and others) – who has a 20% to 25% deposit nowadays?

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I have always found that as a cyclical market trough finds its way to us, for even a fully blown recession, the Economists and Housing Experts all say they did not see it coming but expect readers to believe them when they begin to predict what is to come. Well, I say NONSENSE.

Media hypes up published market data and paints a headline along the lines of “House Prices UP for the fourth month in a row” etc…. What they do not appreciate are underlying trends, imperfect consumer knowledge and uneducated actions plus the degree of conflict of interests within the loans/legal/valuation/survey markets. There is even great uncertainty within the Royal Institution of Chartered Surveyors (RICS) who, along with the Council of Mortgage Lenders (CML) are issuing revised protocols and Practice Statements on how to value New Homes.

• Loan Valuers have been told that they must factor out of the deal any sales incentives: this means that most valuations are now falling short of the stated asking prices.
• Loan Valuers are being told that the security of a New Home is its second hand value and that therefore they should ignore any potential “new build premium”. Again this kills any chance of a Valuation being near to the agreed price.
• Loan Valuers often break professional standards and protocol but not inspecting homes to the required standard when a survey has NOT been requested: a cursory viewing but mandatory damp test plus “head and shoulders” loft inspections are ignored. I have personally been told this by many sellers when I have visited for buyer, private survey purposes.

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Moving on – A Chiswick home owner recently contacted me saying that several Estate Agents had stated her home was worth £875,000 over a year ago and that after full refurbishment she would get about £900,000 (in a falling market). She recently got her Mortgage Company to Value her home, the same gentleman who valued it at £875,000 last year, and the valuation was set at £650,000 (over 30% lower than last year). Now, it is possible local values have fallen by this margin but a cursory glance at general values in the district seems to not support such a proposition. Indeed, it seems the Valuer has simply been told to be cautious. This case has the hallmarks of professional negligence and/or conflicts of interest written all over it. This goes a long way to further harm the marketplace and to put back any fragile recovery that may exist “out there”.

Conversely, looking at the market from the stance of a buyer – why don’t buyers take truly independent advice?

The HIP can and and should be a valuable resource for information that can and will help buyers if they choose to look – it is my experience they do not even ask to look at HIPs.

To a Surveyor and independent Valuer the HIP is one of the first things I refer to – position of water and drainage lines – warranty and guarantee documents – planning history with dates – legal issues – a plan to see if boundary disputes may be current – the list goes on………

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Moving on further – South Hampshire is scheduled for a 7% increase in population up to 2026 but it is scheduled to have an 18% increase in housing. Certain areas will have a disproportionate burden to swallow on their doorsteps in that new housing can be expected to lower values in the post-recession marketplace by increasing housing supply. Conversely a high divorce rate will increase the demand for, say, two bedroom homes (and perhaps Flats). These factors, plus any interest rate rises, may create a very complex market in the post-recession marketplace and it is at this time that the near defunct Home Inspectors (trained to complete low grade home surveys to go into HIPs – a product that was removed from the HIP on political grounds) are being encouraged to produce reports that attempt to predict what a home “might be worth” by looking at historic statistics.

I find this very strange indeed. At a time when the function and services of an expert professional Valuer are, or shortly will be, at an all time high, the powers that be are allowing a novice form of Valuer to float onto the market a predictive value report product.

Words fail me….suffice to say that buyers are encouraged to break with established methods, staid thinking, and to commission the services of their local Chartered Surveyor Valuer – somebody who knows the local markets and can be sued if they get it wrong. Why would anyone wish to gambol in the current market conditions? Not taking basic precautionary professional advice will adversely affect your wealth. If you have learnt nothing from this recession – learn this, nobody will help you, you have to help yourself and this starts with your choice of adviser – go independent every time.

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My advice to L.R. in Chiswick? Start proceedings for Valuer negligence.

My advice to the political parties during this election? As I have seen nothing in any political manifesto to change any of what I have discussed above, I suggest you all return to HQ and rethink four subjects – (1) the meaning and definition of connected person within any property transaction, (2) how to get tough with errant Estate Agents on HIPs, (3) the need for housing projects to remains on schedule to create jobs, to create affordable housing in all UK districts and (4) to re-introduce Condition Reports within HIPs, as has been successfully introduced in Scotland (but with a change – to be completed by both Home Inspectors on modern units but experienced Chartered Surveyors if the home is over, say 30 years old).

When is a “new” home not worth what you paid for it?

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Buy today at, say, £250,000; sell tomorrow for less (regardless of market conditions).

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According to “new thinking” (post-Credit-Crunch) the answer is NOW – an immediate fall in reported value can be expected.

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Developers and Lenders have noted valuation inconsistencies over many years now despite their attempts to QA out certain historic bugs-in-the-system. EG: once upon a time all parties came together and established the concept of “New-Build-Premium” on brand new homes; this has since been rescinded and no longer exists.

Valuation uncertainty can be traced to many factors, such as – market volatility, poor professional direction (to Valuers), differing policies adopted by the many lenders/valuer-chains, lack of transparency on Builders’ buyer-incentives, etc…..

Indeed, Valuation nowadays seems to have drifted from a professional opinion of what the local market will bear to simply what can be inferred by comparison with historic transactions. The result? Over-cautious Valuations by “directed” Valuers (as opposed to the Valuer exercising free-will and giving a true professional opinion).

Nationwide has been operating a New Homes Valuation guidance scheme that includes an opinion of “resale value*” as well as “current value” (*market value but upon the special assumption that the property has already been occupied – for six months, at least: making the home “second hand”).

This resale value means that any element of premium being paid because the home is “new” is to be discounted from the figurework.

This is a real grey area and official guidance by Royal Institution of Chartered Surveyors, and others, is not entirely clear and not nearly comprehensive enough to currently protect its members from claims of negligence.

The problem for Valuers is that the second-hand market that produces comparables may not have the same design features, low-maintenance materials, low-energy-consumption figures (etc…) as the new home.

This now causes the Valuer to have to identify exactly (1) what creates the value of the new home, (2) of those factors, which are unique to the particular new home and (3) which of those factors should be excluded, (4) how is each excluded factor to be assigned an element of value, plus (5) which new home features disappear after six months (when the condition of the home is not perfect any more).

A new science is in the making – how much additional value does a door-bell create? What deduction should be included for having a non-porous driveway in a floodplain area? You could easily disappear in dispair at the complexity of these matters.

The answer is always simple – look at Valuation holistically and ensure any significant new features are then identified and considered: make notes to explain your logic, any evidence you have to support that logic and then value accordingly.

One feature that has seemingly had its own solution is the 2008 introduction of the Council of Mortgage Lenders INCENTIVES DISCLOSURE FORM. The Valuer must ask to see this document on all New Home valuations. The Form lists the sale incentives used – discounted mortgages, cash-back schemes, no-fees mortgages, free gifts, nothing to pay for a period, carpets and curtains included, etc…. However, for clients who have revealed their financial affairs to us PROinspect has seen many of these Forms and it is our opinion that the actual sale price remains less than transparent.

Another, and topical, factor to mention is that in poor market conditions Auction Sale results can be viewed as distressed-sales and not wholly indicative of the overall local marketplace (and repossessed homes can often be in poor condition).

Another problem is that the world is imperfect and knowledge is not freely shared. Each Valuer will have comparables, but not all comparables. FACT – imperfect knowledge creates valuation variations.

The latter feature is the basis of why most Loan Companies have in-house or controlled PANELS of Valuers. Each valuation instruction to a Panel Member goes with a list of known comparables.

This practice creates a closed cartel of Valuation instructions. This is not necessarily a bad thing: any system is as good as its weakness link – if the instruction data is good then the valuation opinion output is capable of being accurate.

In an ideal world all Valuations would be placed on a national database and be freely available within days of completion. Each Valuation instruction would come with all known data.

In essence valuation will have moved away from expressing a professional opinion to be replaced with data analyst skills. Is this the first shot of the creation of a two tier valuation and mortgage market – (1) 100% mortgages based upon data analyst Reports and (2) restricted mortgages based upon all other opinions?

As always, part of the answer is focused in market education: most of the public will be unaware of the politics of the art of valuation (and they may not even care about such matters) and therefore may be happy to continue to blindly accept whatever the Loan Company tell them and not elect to pay for an independent assessment of worth, perhaps also not even commissioning a private condition survey, to assess the real risks of purchase.

Credit Crunch showed how financial Institutions can be systemically rotten and not put the client first: New Home loan Valuations and Valuers are in danger of being sucked into a similar vicious cycle unless true leadership can be shown by the Royal Institution of Chartered Surveyors (the leading body that regulates Valuers) who need to rise above the dictates of the Council of Mortgage Lenders.

Is it worth surveying a brand new home?

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I complete many surveys for Building Companies; Part Exchange cases mainly. Often I am asked by a home owner “Should I have a survey on a brand new home? Would it be worth it?”.

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This is one of the hardest questions to answer. Yes? No? Maybe?

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The way I handle such a question is to first ask why they are asking – often a clue develops in that conversation. Others handle this differently and I so-called SNAGGING REPORTS that say that a door is non-compliant due to some obscure Regulation breach and that it has a small scratch by one hinge etc….

Has a solicitor advised a report? Has what I have been doing in their own/current second-hand (old) home frightened them into action? Have they been watching too much TV? Have they had a Lender Valuation report copy and something has upset them?

Often potential purchasers see the Environmental Report and are frighten so much that they google Surveyors and ring to get free advice on that report – this is common.

Sometimes purchasers see something closeby to their new home, eg: an electrical sub-station, and ask if they could get cancer if they moved in – I am not joking!

Sometimes purchasers see that the local sub-soils are predominantly of shrinkable clay and ask me to complete a full Building Survey (on a new home) to ensure them that subsidence is not affecting their potential purchase.

I suppose that what drives many of these types of comment is the fact that purchasers often feel out of their depth: they need and seek re-assurance and asking for the most expensive form of survey fulfills that inner need.

In some cases they ask for a full building survey but when I ask if they also require a market valuation they say “no – I have had a Lenders Report and they say the price is ok”, or they say “I don’t need a Rebuild Cost Assessment because I have insured it for the purchase price”! Rational?

So, how do I answer this question – Is a new home survey really worth it?

First – discover why they are asking. What drives the request? MOTIVATION?

Second – ask what type of home it is and where it is; what is its value? QUALITY? SCALE?

Third – ask at what stage of construction is it at? PRACTICALITIES?

My answer then falls into place.

If it is part built then I report that to ensure a good build-quality they could employ me to check, weekly, during the remaining build-period and to then snag and de-snag the final structure. Obviously this is expensive but would deliver the best build quality and finish possible.

I often refer to the fact that defects often need time to manifest themselves: a missing internal door lintel may not show any distress until months or even years later. A survey after snagging would probably not reveal that problem or risk. This is not negligence.

Is performance of a snagging list the best form of survey? I have seen “specialist contractor” snagging reports and they stagger me. They have merit but are usually filled up with comments such as “the top edge of the bedroom door is not finished in accordance with the British Internal Joinery Association Code of Practice No XYZ/123 and the fire-stop is 1mm too narrow to door head corner area etc….

The surveyor may be right in making such comments but the effect of his/her remarks is generally inconsequential in terms of reduced/increased fire risks. The fact is that if you buy a new car, it is not perfect and it will de-value immediately. The same is true of housing.

We are rapidly becoming American’ised and expect perfection and he-who-shouts-loudest often can succeed in getting works done because of such snagging reports. The “reasonableness test” of whether something not right is actually “wrong” is a moving target depending on circumstances:-

Referring to a part of the building element –

• Does it fulfill its designed performance?
• Has it been installed/built correctly?
• Will it be liable to age more rapidly?
• Does it look reasonable?
• Is it safe?
• Can it be repaired without disproportionate cost?
• Does the problem affect value or saleability? Etc…….

A case can be made to say that some “defects” do not need to be rectified. All things are in a state of imperfection and so why change them? A reason must exist.

My own approach is one of common-sense: is a repair needed? My thought processes will be influenced by the calibre and quality of the building, its weather exposure and if a problem affects value and saleability. My actions on site should not reflect the whims of my client.

“Do you need a survey” also depends on the reputation of the Developer: if they have a good after-sales regime then you can expect to rely upon that service, as well as the limited cover provided by the NHBC 10 or 15 year insurance policy on the home.

So – is a new home survey worth it? Well, yes. Yes, but the type of inspection(s) or report are open to opinion and that is determined by budgetary constraints and personal attitudes. Some clients say “as detailed as possible so I can screw the builder, please”.

So, I DO FIND IT DIFFICULT TO ANSWER THIS QUESTION. I do not like to see clients pay good fee money for less-than-practical-reports and so a certain definition of terms is always needed so I can define the right survey product for any particular client. Any mis-match of expectations will inevitably result in hassle for all parties concerned.

Once (years ago) a repeat client of mine asked for a “full survey” on a new home: when I began my questioning it transpired that the client had a very inflated opinion of the quality of her purchase and the builders ability to set right all faults. In that particular instance I decided to not quote or act for the client. Ducking out? Perhaps I did, but perhaps somebody else didn’t and I hope the client got what she wanted but, to remain professional, I do not report “to order”.

I consider the above a truly professional stance; others may say differently but I like to think my stance is both modern and appropriate to today. I would like to hear others’ views on this conundrum – got a view?

At the end of the day do you think it is wise to spend a massive sum and not take true, independent opinion on whether faults or defects exist? Talk to me BEFORE you let anybody else convince  you otherwise. Stuart Parrett +44 (0)1489 896 174 or use the CONTACT FORM above.

What is an HCR?

A Home Condition Report contains information about the physical condition of a property, which sellers, buyers and lenders will be able to rely on legally as an accurate report.

The Report is an important part of the Pack, and can be included by sellers on a voluntary basis. Sometimes the seller needs to be UP FRONT about problems so the damage to marketability and value is controlled and the Agents tactics can be designed to be in your favour, as a seller.

Sellers who provide a Report will have an early opportunity to carry out repair work on the property or obtain quotes prior to marketing.

Buyers can use it at the beginning of the home-buying process to minimise the possibility of being faced with unexpected repair bills and other surprises.

The Government believes there will be significant benefits to home sellers if they top up their Packs to include full Home Condition Reports, and that this is a product that the market can deliver. Communities and Local Government is working with stakeholders to facilitate the voluntary take-up of the full Report, and has invested resources in promoting and developing it for consumers.

How much?

The Government state that “The cost to sellers of Home Information Packs will be set by the market.”  PROinspect feel that pack prices will probably be hidden in extra commission charges. However the advantages of this will be heavily offset by paying far over the actual cost of the pack and being tied to an Estate Agent.

Using a network of Surveyors and Inspectors our target is to be the most cost efficient supplier of cheapest supplier of EPC’s, HCR’s and HIP’s to the private purchaser. Offering an industry leading service utilising the skills of Chartered Building Surveyors to decide which is the best Inspector/Assessor to use for each Home – unlike many Countries, Homes in England are highly varied and sometimes only the most Specialist Consultants will be needed to ensure your best interests are met

What do you get for your money

Normally PROinspect will provide you with:

• One printed pack bound
• An electronic version for display purposes
• EXTRA copies can be order on-line or through us.

By the way our hardcopy Packs are CARBON NEUTRAL and come with the highest security built into them. Indeed, our Publishing House supplier is one the largest and most sophisticated in Europe and is right on our doorstep locally. You will not need to worry about all the paper your HIP is creating or its effect on our environment.

Example Report

An example of a Home Condition Report can be downloaded here (directly from the government website):
Download an example of an HCR report

Data from this page comes from the Governments website on HIP’s