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HIPS lost by estate agent

Basically we deferred the HIPs on the house we're selling in Blackpool. Long story short, we're due to pay it in December. We are changing agent on Friday and asked to have the documents so we can pass on to the new agent (i know we don't need it anymore but we're paying for it). Now they are saying they can't get hold of it because the company they got it off have gone in to receivership! Is it not there responsibility to hold them? I want to tell them I'm not paying for it if they can't supply it. Any help would be a great.

Asked on Oct 6 2010, Selling in Blackpool | Report content

Answers (1)

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  • Are you sure you own your HIP? In law, once a consumer appointed an agent, the agent was directly responsible for getting the HIP, so If he just got it as part of his overall service of marketing your house he will own it, not you. But if you expressly asked him (and agreed to pay him) to get a HIP for your own use it would be yours. Your talk of 'deferring the fee' suggest it's the latter but the distinction is crucial. If it is yours he should be liable for breach of contract in failing to supply it, and/or possibly in negligence for failing to grab a hard copy while it was still available from their supplier. If the property was marketed to the public while the HIPs legislation was in force he should have had a copy immediately available to anyone interested in purchasing. I think that should have been a HARD copy, but possibly he might have complied by having it available on computer. But why are you still excited about HIPs - they've gone!

    Answered on Oct 6 2010, Report content

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