Professional briefing - The Journal Online
Professional briefing - The Journal Online
Professional briefing - The Journal Online
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Feature Home reports<br />
One year after their introduction, have solicitors been won over at all to<br />
the system of home reports? Comments collected by the Society and the<br />
<strong>Journal</strong> between them suggest that the scheme’s stated objectives are<br />
not being fully realised, as Peter Nicholson reports<br />
Reportcard<br />
“Home reports have certainly saved the<br />
surveying profession from penury. I think<br />
the jury is still out on whether they are<br />
good for the public.” (Janette Wilson,<br />
convener, Conveyancing Committee,<br />
the Law Society of Scotland)<br />
Ayear into home reports,<br />
while most solicitors agree<br />
that the state of the<br />
property market and the<br />
wider economy is the dominant<br />
concern, feelings about the reports are<br />
still running strongly.<br />
Some have been won over,<br />
believing they add a degree of<br />
transparency and help deals go<br />
through more quickly. Feedback<br />
however indicates a majority view that<br />
they act as a drag on the market by<br />
deterring people thinking of<br />
testing the level of interest in their<br />
house, are distrusted by many<br />
clients, and fall short of achieving<br />
their stated objectives.<br />
It is worth recalling at this point<br />
the principal justifications for<br />
bringing in the home report. First and<br />
foremost was the desire to see buyers<br />
receive meaningful information<br />
fyi<br />
An ESPC member survey<br />
found 80% experiencing<br />
some lender problems,<br />
the mode answer<br />
being “25% of<br />
the time”<br />
about the condition of the property<br />
for which they were offering; and it<br />
was a cornerstone of this exercise that<br />
the report should be independently<br />
prepared by the surveyor, though<br />
commissioned by the seller, and<br />
made available to all prospective<br />
purchasers. Further benefits<br />
anticipated were the avoidance of<br />
artificially low upset prices, and an<br />
end to multiple surveys on the same<br />
property by different offerers. So how<br />
does experience to date measure up?<br />
Lenders buying in?<br />
<strong>The</strong> first and perhaps most important<br />
point is that the answer depends very<br />
much on which solicitor you talk to.<br />
<strong>The</strong> differences in accounts of how<br />
the system operates are striking.<br />
Take, for example, one of the<br />
principal areas of complaint, the<br />
continuing reluctance of some lenders<br />
to accept the reports (RBS was named<br />
by more than one respondent).<br />
Mike Sinclair of Aberdein Considine<br />
in Aberdeen, and Ken Thomson of<br />
Thorntons in Dundee, both report<br />
only limited problems with lenders,<br />
though Thomson adds that this<br />
cannot yet be taken for granted.<br />
But in Perth, Graham Gibson of<br />
Kirklands claims he has “yet to come<br />
across a case where the lender was<br />
willing to accept the home report”.<br />
Often it is already out of date for<br />
lenders’ purposes (unusually, he cites a<br />
six week cutoff point compared with<br />
the general experience of 12 weeks’<br />
currency); in any event, he adds, “my<br />
experience has been that when a<br />
purchaser has been successful they want<br />
to get a separate valuation for peace of<br />
mind/mortgage valuation purposes”.<br />
An ESPC survey of member firms<br />
found 80% experiencing some lender<br />
problems, the mode answer being<br />
“25% of the time”.<br />
Janette Wilson thinks lender issues<br />
are currently “the main problem”, with<br />
some regularly demanding either an<br />
updated or an independent valuation<br />
because of the age of the report, the<br />
surveyor not being on their panel, or a<br />
high loan-to-value ratio.<br />
Kennedy Foster of the Council of<br />
Mortgage Lenders in Scotland claims<br />
there has been no major change so far<br />
as lenders are concerned: they will<br />
generally accept a valuation provided<br />
12 / the<strong>Journal</strong> December 09 www.journalonline.co.uk