Frequently asked questions
Who is responsible if the Pack is defective?
The person responsible for marketing the property is responsible for obtaining and providing a valid Home Information Pack. The Home Information Pack Regulations 2007 set out the required content or minimum terms for some of the documents. If any pack document is misleading or inaccurate, the responsible person will be expected to make sure that the right documents are included in the Pack.
The legislation on Home Information Packs isn't intended to provide that the seller or the seller's estate agent should be held responsible for the accuracy of the information contained in documents that have been provided by others. The penalty provisions recognise this, and will not apply so long as the seller or the seller's estate agent has reasonable cause to believe that the document does comply with the Regulations.
The provider of any specific document within the Pack should be responsible for the accuracy of that document.
Why should my client trust searches provided by the seller?
It is in the seller's interest to provide a comprehensive, accurate search. Any unreliable information that comes to light during a sale could potentially lead to delays and unnecessary further costs, or even cause the sale to fall through.
Searches may be provided by the relevant local authority or private sector "personal search" companies. They must both meet the requirements in the Home Information Pack Regulations 2007, which define the information required for a search to be valid for inclusion in the Pack. The Regulations also require that the provider of the information and the information they provide in searches is backed by the appropriate insurance.
What if the time-sensitive parts of the Pack are out of date - should the buyer update them?
The regulations do not require documents to be updated if the property is taken off the market and then put back on the market within one year of when it was first marketed. If it is taken off the market and then put back on the market after this date, certain time-sensitive parts of the Pack might need to be updated. However, there is no duty to update these documents at any time if the reason the property is put back on the market is because a sale has fallen through and the property is re-marketed within 28 days.
What happens if extra information is needed - specialist searches, for example?
Additional searches are authorised for inclusion in the Pack.
Can the Law Society TransAction forms be used instead of the ones produced by Department for Communities and Local Government?
Yes they can.
