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Professional briefing - The Journal Online

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the surveyor is on their panel and it is<br />

not more than three months old.<br />

“<strong>The</strong>re may be exceptions if a<br />

property or borrower is perceived to<br />

be higher risk and lenders always<br />

reserve the right to commission an<br />

independent valuation… <strong>The</strong>se are<br />

decisions for individual lenders”.<br />

He adds however that throughout<br />

the development of the home report,<br />

the CML indicated that it could be an<br />

issue that when the report was<br />

commissioned, the identity of the<br />

purchaser and lender would not be<br />

known. So even if, as he points out,<br />

most of the major surveyors tend to<br />

be on lender panels, his comment of<br />

“no major change” has to be qualified<br />

in that important respect.<br />

Worth a second look<br />

It follows that many purchasers still<br />

end up funding at least a mortgage<br />

valuation, and not only for that reason.<br />

“Sellers are reluctant to pay for refreshed<br />

reports”, reports Graeme McCormick of<br />

Conveyancing Direct, Glasgow. “<strong>The</strong><br />

cost normally falls on the purchaser,<br />

depending who blinks first.” Mark<br />

Hordern at GSPC reports some<br />

exceptions: “Some sellers will cover the<br />

cost of a refreshed report in order to<br />

secure a sale, and some buyers insist<br />

that they do so as part of an offer.”<br />

What about purchasers choosing to<br />

instruct their own survey in any<br />

event? This attracted the whole<br />

spectrum of responses. Despite<br />

Gibson’s experience, Thomson and<br />

Hordern say this is rare; and in<br />

Edinburgh, Chris Hardie of Lindsays<br />

says most purchasers accept the<br />

report. Even so, 78% of ESPC<br />

members say that a second survey is<br />

instructed “occasionally, i.e. 10-39%<br />

of the time”, and half of these are<br />

because the purchaser wants an<br />

independent survey. Paul Carnan in<br />

Glasgow reckons there is a further<br />

survey in a third of cases, while<br />

McCormick puts the figure at 50%,<br />

when lender requirements and<br />

purchaser lack of confidence in the<br />

seller’s report are taken together.<br />

Another development can only<br />

increase the chances that a purchaser<br />

will wish to have their own valuation.<br />

While there appear to be few cases of<br />

sellers going to the length of<br />

instructing more than one home<br />

report and selecting the most<br />

favourable, various solicitors report<br />

the emergence of the “beauty parade”<br />

– requesting a desktop valuation from<br />

say three firms of surveyors and then<br />

instructing the home report from the<br />

one providing the highest figure. Ron<br />

Hastings of Kelso indeed calls for the<br />

www.lawscotjobs.co.uk<br />

practice to be stamped out, by<br />

requiring disclosure of other<br />

valuations obtained within the<br />

previous three months.<br />

<strong>The</strong> suggestion may not be practical.<br />

Some, like McCormick, do not get<br />

involved in arranging home reports,<br />

and would have to rely on the client’s<br />

honest disclosure. But if the tactic is<br />

widespread, it could explain why<br />

McCormick has yet to see a valuation<br />

obtained by a purchaser exceed the<br />

home report valuation, whereas in<br />

several cases it has come in at less. And<br />

with an Edinburgh solicitor (otherwise<br />

in favour of the reports) reporting a<br />

potential difference of up to 25%<br />

between one valuation and another,<br />

and Janette Wilson having seen a case<br />

where a second surveyor produced a<br />

valuation £40,000 higher than a first,<br />

in a falling market, the seller appears<br />

to have little to lose.<br />

Paul Carnan believes it is not always<br />

borne in mind, as he says it should be,<br />

that the home report valuation is still<br />

only one person’s opinion. Referring to<br />

surveyors being selected for their<br />

favourable tendencies, or being<br />

persuaded to revise valuations upwards,<br />

he comments: “I see nothing wrong in<br />

this provided prospective purchasers are<br />

aware that the valuation in the home<br />

report is merely a valuation, provided<br />

by the seller’s choice of surveyor: it is<br />

not ‘the’ valuation. Other surveyors may<br />

have a different opinion.”<br />

All the same, it must represent a<br />

serious undermining of the original<br />

concept of an independently<br />

prepared report. Lindsays’ Hardie says<br />

his firm discourages clients from<br />

instructing more than one report, as<br />

“To do so on a regular basis would<br />

undermine the credibility of our<br />

selling service and the fact that the<br />

home report is entirely objective and<br />

therefore more reliable from the<br />

point of view of the purchaser and his<br />

lender.” One might think, however,<br />

that evidence that different surveyors<br />

can still come up with significantly<br />

different valuations of the same<br />

property will in itself work against<br />

such acceptance.<br />

Douglas Crombie of Craigens,<br />

Aberdeen does report the sort of<br />

experience the promoters must have<br />

been hoping for: “<strong>The</strong> immediate<br />

availability of information on the<br />

condition of a property, essential and<br />

non-essential repairs, and most<br />

importantly a valuation (which<br />

incidentally the majority of buyers and<br />

indeed lenders have accepted without<br />

question), coupled with a realistic<br />

asking price, has allowed buyers (1) to<br />

very quickly obtain mortgage lending<br />

approval, and (2) thereafter to offer<br />

with confidence at or around the<br />

asking price/valuation figure.”<br />

Market factors<br />

On the subject of price, GSPC’s<br />

Hordern does not detect any consistent<br />

trend, but observes that it is already<br />

clear that home reports are not<br />

preventing buyers from offering above<br />

valuation. Mike Sinclair in Aberdeen<br />

reports many properties now achieving<br />

more, some up to 10%.<br />

To be fair, it has never been claimed<br />

that the system would itself lead to<br />

fixed prices, and it is clear that local<br />

market conditions and/or demand<br />

for the particular property continue to<br />

have the dominant influence, even if<br />

the home report may provide a<br />

weighting of its own.<br />

Hordern continues: “On the other<br />

hand, we see properties… selling for<br />

less than the home report valuation.<br />

In some cases, sellers are effectively<br />

suggesting that their home represents<br />

great value by showing that their<br />

current asking price is lower than the<br />

home report valuation.”<br />

Upset prices reflect this benchmark<br />

role. Hordern adds: “Home reports<br />

have certainly encouraged most<br />

selling agents to advertise homes for<br />

sale at or close to their home report<br />

valuation. This is particularly true in<br />

areas where prices are under pressure<br />

and sellers are using the home report<br />

valuation to justify and support their<br />

asking price. However, there have<br />

been signs recently that some estate<br />

agents are returning to the policy of<br />

advertising homes for sale for less<br />

than the home report valuation.”<br />

Hardie agrees that home reports have<br />

at least eliminated the artificially low<br />

upset price – and can also put a damper<br />

on inflated expectations as to price.<br />

In Ken Thomson’s experience the<br />

valuation has been acting as a guide<br />

price: a fixed price at the valuation<br />

figure “is often treated almost as an<br />

invitation to offer below that price….<br />

Continued overleaf ><br />

A fixed price at the valuation figure<br />

“is often treated almost as an<br />

invitation to offer below that price”<br />

December 09 the<strong>Journal</strong> / 13

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