Island Life Magazine Ltd April/May 2007 | Page 16

life - PROPERTY Home Information Packs, will they provesuccessful? As I approach forty years in the legal profession having specialised in Property, Wills and Probate I have seen successive Governments anguish over the process under which conveyancing is undertaken in England and Wales. Many attempts have been made to improve the system with emphasis on expedience and efficiency. Now for the first time legislation is to be set down to legally require a seller to produce a Home lnformation Pack. The idea is to save time in the accumulation of precontract information and clearance of 16 Photo - Terence Willey Searches and pre-contract enquiries currently being undertaken within the legal process and all of which takes time as lawyers await the results of the same and co-operation from third parties. I have always favoured the idea of a “log book in respect of the sale of a property providing as much information to the buyer at the outset as is possible. There will be obvious costs in collating and providing this information and obviously this is where modern technology involving recourse to computer generated “direct line” information from all service providers will prove invaluable. Over the last few years Governmental Departments and Local Authorities has invested in this technology effectively meaning that Local Search information can be acquired in hours rather than weeks and H. M. Land Registry have heavily invested in the registration process of land and property and all registered land Title information can be again obtained instantly on line. Such access is in the public domain and therefore can be accessed by everyone. In June 2007 Home Information Packs will become “law” and it will not be possible to sell any domestic property without providing such Home Information Pack. The Pack is to include a Home Inspectors Report and Surveyors will be encouraged to similarly link in on Line for these to be obtained. Already there are many firms and agencies investing millions of pounds in the technology and advertising to condition the consumer client to purchase their Home Information Packs directly on line or by application for a hard written copy the costs of which it is believed will be in the region of £500.00 to £1,000.00. I anticipate the direct packaging in this way to be highly competitive and in some instances links made with Estate Agents for the cost to be embodied within the Agents fee at the end of the day. This packaging in my view does not offer the consumer client the best of protection as I still, and will always maintain that the buying and selling of a home remains one of the most important transactions that an individual has to undertake in a lifetime and by its very nature requires the best of personal service, good advice and moreover personal contact. I do not therefore believe that the lawyer will be redundant in this process as some commentators have forecast and it is imperative in my view that as soon as a client anticipates his or her sale of a property that the first “port of call