Is this some kind of joke!

[MaryS]

Hi Im newby to this site and after browsing through the posts I couldnt see any thing like the issue I have right now .. So maybe someone can answer this question for me.... Please

November 2009 I put my property up for sale with a chain agent. At the time the HIPs package was still in use and I signed up for an agreement with the agents to use their firm of solicitors for my sale in return for a 'freeby HIPS'

The wording on my contract is:- If you use our Home Conveyancing Service to complete the sale of your property, there will be no further charge for you HIP, but the HIP becomes immediately payable if
You withdraw the property from the market


(There are others but this is the only one which concerns my situation)

Basically, does this mean that if the agents are unable to provide me with a suitable buyer I have to leave my property on the market with them indefinitely?

I had couple viewings with these agents when the property first went for sale but I have not had a viewing now in over a year!

I rang the agents to ask them to remove the property from the market as i have a private buyer and they told me I had to pay for my HIPS before I could do this! I said I was still happy to use their solicitor firm but because THEY have not found me a buyer I am told I am still eligible to pay for this HIPS

I could understand it if the property had been on the market just a few months .. But its coming up for two YEARS now!!

Does anyone know if there is a time limit on withdrawing a property in such a contract ?

[brian]

Is there a time frame in your contract? I would presume you didn't sign up with them indefinitely?

[MaryS]

Ive read all the small print in anything I signed and apart from a 5 month clause where I have to keep these agents as sole agents there doesnt seem to be an expirey date to my contract with them!

I can give two weeks written notice to remove my property but then I have to pay the bill for my HIPS! I dont think this fair as its not my fault the agents havent found me any viewings!

[lionel1020]

I am not an expert in contract law, but I have signed a few in my time. In general after the contract is signed is not the time to make objections. All issues should be resolved before the signing, when you have some leverage.


At this moment you are leaving them, so what is their interest in pleasing you?

Do not fight the obligation to pay the HIPS face on.
I would suggest you feel you are under this obligation because of the way the contact is worded, it is 'hidden', not at all clear. It could be construed as an attempt to entrap their clients into an unfair arrangement. The very reason it is not clear...because it is unfair....why else would they hide it?


Tell them you feel this is a betrayal of the confidence you placed in them and you will be talking to your solicitors to seek redress. Explain how strongly you feel cheated and that the public; in your opinion; should warned about this companies questionable methods though the local papers, their internet site, all other consumer internet sites....This sort of dishonesty should be fully exposed!! ect ect. Give them something to loose....their reputation.


Basically give them an interest in pleasing you.
Lionel

[MaryS]

Thankyou for your reply Lionel and I agree with what you have said here ... However I think maybe my estate agents have read this here because they have contacted me about a compromise lol

We just came to an agreement when my private buyer started umming and ahhing about the sale ...

Maybe this is fate telling me I should not be moving yet :-)

[New Homes Expert]

HIPs are no longer required.
You did get one for "free" when you first put your home on the market and agreed to the terms then.
It seems fair that you should pay for the HIP now as they did all the work for you.