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Home Information Packs - The Law Society perspective - 21/03/2006

The Law Society has warned that a crucial ”health warning” must be carried on all Home Information Packs (HIPs). In its response to the draft HIP regulations, the Law Society has suggested that the warning should reinforce to the buyer the risk of taking on substantial liabilities and commitments without the benefit of independent advice. Kevin Martin, Law Society president, is concerned that, without the warning, there will be serious risks to the consumer: ”HIPs contain important legal documents on which professional advice must be obtained. Without appropriate warnings there is a real risk that a buyer could be pressurised into buying a property without independent advice. Buying a home is often the biggest single purchase most people make.” Commenting on the need for the packs to be dated and authenticated, Kevin Martin said: ”Currently there is no provision within the regulations for information within the HIP or the HIP itself to be authenticated or confirmed by the seller. This is a serious defect.” Mr Martin said: ”It is essential that HIPs will, in fact, bring the benefits to consumers that the Government claims. Packs should be seen as part of the conveyancing process and not just a component of the marketing process. They should contain the best possible information to assist buyers and their solicitors to move transactions forward as quickly as possible.”

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