PURCHASE OF HIPS/ problems

We have put our house on the market and have used the Estate Agent that we purchased the house through 10 years ago. We are now required to get a HIPS done another new law, The Estate Agents put us in touch with a specialist company and over the telephone they took down all the details from hubby. They also sent someone round to complete their survey and report. I must point out that we have both never signed a written agreement both with the Estate Agents or with this Company.

Since putting the house on the market with a sole agent in almost 4 weeks not one person has viewed, we have phoned the agent a few times and they never return our calls. They are the largest agent in our area and we always had a lot of faith in them but we think they have a weakness in their system for not passing on messages and returning calls and customer care, so we are thinking that maybe they are not giving our property the attention it deserves. We have also found out they they have really overpriced out property from getting in one or two other agents for a valuation and considering the majority view that the house is severly overpriced we have decided to take the property off the books with this agent and give it to another agent to market on a sole agency.

When hubby checked with the HIPS company they say that if you want to change agents the cost of the HIPS crystalizes and it becomes payable straight away. If we stayed with the same Estate Agent we do not have to pay untill we have sold and then the debt becomes payable at that time.

Now during a phonecall with the Hips company this afternoon, it further transpired that our all details apertaining to the HIPS has been passed on to the agent, even though we have not given our express permission and even more worrying aparently they record all phone calls even though they do not inform you that the call is being recorded.

My questions are:-

1. Even though we have not signed any contract can we be held to their T&C's!! both the agents and the HIPS company...

2. Can they without our express permission either pass details of our hips package to the Estate Agent and is this not breach of contract!!

3. Can they record conversations without first informing you that they are recording and can they use these recording against us!!!

4. Hubby, dealt with them solely but I am a joint home owner and I have not given any permission, so what is the position here!!

Any help would be very much appreciated.

xxxxx

[TUTTSI]

Re: PURCHASE OF HIPS/ problems

Anyone!!!

[enaid]

Re: PURCHASE OF HIPS/ problems

Home Information Pack - Sellers' frequently asked questions

Don't know if there is anything on here that can help you Tuttsi. Yet another rip off we have to adhere to.

[Guest]

Re: PURCHASE OF HIPS/ problems

We have put our house on the market and have used the Estate Agent that we purchased the house through 10 years ago. We are now required to get a HIPS done another new law, The Estate Agents put us in touch with a specialist company and over the telephone they took down all the details from hubby. They also sent someone round to complete their survey and report. I must point out that we have both never signed a written agreement both with the Estate Agents or with this Company.

Since putting the house on the market with a sole agent in almost 4 weeks not one person has viewed, we have phoned the agent a few times and they never return our calls. They are the largest agent in our area and we always had a lot of faith in them but we think they have a weakness in their system for not passing on messages and returning calls and customer care, so we are thinking that maybe they are not giving our property the attention it deserves. We have also found out they they have really overpriced out property from getting in one or two other agents for a valuation and considering the majority view that the house is severly overpriced we have decided to take the property off the books with this agent and give it to another agent to market on a sole agency.

When hubby checked with the HIPS company they say that if you want to change agents the cost of the HIPS crystalizes and it becomes payable straight away. If we stayed with the same Estate Agent we do not have to pay untill we have sold and then the debt becomes payable at that time.

Now during a phonecall with the Hips company this afternoon, it further transpired that our all details apertaining to the HIPS has been passed on to the agent, even though we have not given our express permission and even more worrying aparently they record all phone calls even though they do not inform you that the call is being recorded.

My questions are:-

1. Even though we have not signed any contract can we be held to their T&C's!! both the agents and the HIPS company...

2. Can they without our express permission either pass details of our hips package to the Estate Agent and is this not breach of contract!!

3. Can they record conversations without first informing you that they are recording and can they use these recording against us!!!

4. Hubby, dealt with them solely but I am a joint home owner and I have not given any permission, so what is the position here!!

Any help would be very much appreciated.

xxxxx

Ok, as to question 1. If you have accepted services offered by the Estate Agent or the HIPS Company then it could be that you have an implied contract with them. Contracts do not need to be written. Not signing anything does not absolve you of your obligations under the contract if you have accepted that they are acting for you.

You may be able to repudiate the contract if you feel that they are not performing their obligation under the contract. You may then treat the contract as discharged. However, repudiation is a breach of contract and you may be liable to them for damages. However, there is case law regarding terms and conditions that have not been fairly brought to the attention of the parties which may mean that you cannot be held liable. (Interphoto Picture Library Ltd. v Stiletto Visual Programmes Ltd. [1989])

As to question 2, what have they done that breaches the contract? Also bear in mind here, in order to claim that they have committed a breach of contract, you must first acknowledge that a contract exists, you cannot have it both ways.

As to question 3, they can record whatever they wish and they do not need to inform you provided that they then do nothing unlawful with those recordings. What are they trying to "use against" you?

As to question 4, the Agents will accept that your husband is acting for you both and so will the court in the majority of cases, this is a non-starter.

Now I have got your questions out of the way, some of my own.

Which Estate Agent are you using and please post up their Terms and Conditions.

Do you have two sets of terms and conditions, one from the Estate Agent and one from the HIPS Company?

[TUTTSI]

Re: PURCHASE OF HIPS/ problems

Ok, as to question 1. If you have accepted services offered by the Estate Agent or the HIPS Company then it could be that you have an implied contract with them. Contracts do not need to be written. Not signing anything does not absolve you of your obligations under the contract if you have accepted that they are acting for you.

You may be able to repudiate the contract if you feel that they are not performing their obligation under the contract. You may then treat the contract as discharged. However, repudiation is a breach of contract and you may be liable to them for damages. However, there is case law regarding terms and conditions that have not been fairly brought to the attention of the parties which may mean that you cannot be held liable. (Interphoto Picture Library Ltd. v Stiletto Visual Programmes Ltd. [1989])

As to question 2, what have they done that breaches the contract? Also bear in mind here, in order to claim that they have committed a breach of contract, you must first acknowledge that a contract exists, you cannot have it both ways.

As to question 3, they can record whatever they wish and they do not need to inform you provided that they then do nothing unlawful with those recordings. What are they trying to "use against" you?

As to question 4, the Agents will accept that your husband is acting for you both and so will the court in the majority of cases, this is a non-starter.

Now I have got your questions out of the way, some of my own.

Which Estate Agent are you using and please post up their Terms and Conditions.

Do you have two sets of terms and conditions, one from the Estate Agent and one from the HIPS Company?

Thanks Cetelco

I am at work now and will post the T&C's later when I get home.

Basically all we wanted to do is change EA, but if we do this we have to pay immediately for the HIPS as it now appears it is not transferable even though hubby agreed the aditional £50 to make it defferable upto 10 months or if the property is sold earlier. I am going to ask another question of the HIPS company - what hapens if we do not have sole agency with the EA but keep the existing EA and reduce the price to a realistc value.

In the meantime I am suggesting that we reduce the price immediately and give the existing agent another 2 weeks to market it and then go from there.

xxxx

[Guest]

Re: PURCHASE OF HIPS/ problems

If you introduce a second agent you may be liable for a dual fee. Again, you need to check the T&C's.

Post those up and we can take a look and go from there.

[TUTTSI]

Re: PURCHASE OF HIPS/ problems

Well we have reduced the price and hey presto we have a viewing for the weekend...so we will see how pro-active the EA becomes

We have decided for the moment to stay with the present EA at the reduced price for a further 2-3 weeks. If nothing much happens we will consider a multiple agency and of course realise that it would be at a higher cost % on the sale. We will also if we decided keep the orginal agent in the loop so this should not affect the HIPS.

I will post up later when I get home the T&C's, but for now we seemed to have resolved the immediate problem.

Dxxx

[Guest]

Re: PURCHASE OF HIPS/ problems

...but for now we seemed to have resolved the immediate problem.

Dxxx

Good. That is what we like to read.