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Professional briefing - The Journal Online

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Feature Home reports<br />

Continued from page 13 ><br />

In competitive situations, people may<br />

still pay a premium to secure a property”.<br />

Janette Wilson has recent<br />

experience of sales “where in a<br />

competitive situation with a closing<br />

date a price well in excess of the home<br />

report valuation has been achieved”;<br />

and to Graeme McCormick “It hasn’t<br />

made a blind bit of difference. Where<br />

there are closing dates or competition,<br />

prices achieved are often 5% to 10%<br />

over valuation. If there is no<br />

competition it just depends on<br />

negotiation as it always has.”<br />

Relevant also to impact on the<br />

market is the complaint by several<br />

solicitors that home reports have a<br />

depressing effect because, as was<br />

predicted, clients don’t want to go to<br />

the expense of obtaining a report<br />

just to test the market. <strong>The</strong> delay in<br />

being able to market a property also<br />

causes frustrations – two to four<br />

weeks for some.<br />

A cost to absorb<br />

Nearly everyone agrees that home<br />

reports mean more work (the ESPC<br />

finding is 89%, though Hardie is one<br />

exception). <strong>The</strong> sheer length of some<br />

reports is astonishing. An Edinburgh<br />

solicitor records one of 41 pages –<br />

counterproductive, as the clients<br />

didn’t want to wade through it all.<br />

Carnan has seen one of over 70.<br />

“Clients are increasingly turning to<br />

their solicitor for interpretation and<br />

advice”, he adds. “Standing the time<br />

involved to read and digest the<br />

content of such reports and then to<br />

give advice thereon, I do charge.”<br />

In that he is in the minority, as most<br />

respondents say the current highly<br />

competitive market means they are<br />

unable to pass on the cost of the work.<br />

For Graeme McCormick the extra<br />

is in renegotiating the price when<br />

purchasers’ valuations come in at<br />

under the home report figure. “We just<br />

absorb the cost and the vituperation.”<br />

Janette Wilson claims that a web-based<br />

system such as the Society’s service<br />

provided by Openhouse should<br />

reduce the extra work: “you don’t have<br />

to assemble all the bits yourself”.<br />

Gibson, however, says that by<br />

referring the client direct to the<br />

surveyor, “the client gets a quicker<br />

service and we do not get involved in<br />

doing (unbillable) work”.<br />

Scope for improvement?<br />

What about the main point, then, of<br />

providing better information? This, it<br />

appears, is bound up with the level of<br />

trust in what is offered. In Carnan’s<br />

<strong>The</strong> system in practice<br />

John Scott of the Society’s <strong>Professional</strong><br />

Practice Department reports:<br />

“Your feedback so far indicates that<br />

some favour the new system, finding<br />

home reports an effective marketing<br />

tool for sellers and a source of useful<br />

information for prospective purchasers.<br />

However many remain highly sceptical<br />

of the benefits. Several aspects are<br />

causing particular concern:<br />

Discouragement of potential sellers<br />

from entering the market, due to the<br />

cost of obtaining the report.<br />

Delays in initial marketing of<br />

properties, caused by the requirement<br />

to obtain the report first.<br />

words, “the home report is not<br />

meeting this need effectively because<br />

of the disconnect between the time of<br />

valuation and the time of offer, and<br />

because it is perceived as being the<br />

seller’s report and, consequently, not<br />

to be trusted”.<br />

<strong>The</strong> thrust of other responses is that<br />

if clients are being given more<br />

information, whether they appreciate<br />

it depends on their willingness to<br />

accept the home report at face value;<br />

and while this applies in many cases,<br />

in a considerable though difficult to<br />

determine percentage it does not.<br />

<strong>The</strong> question then is whether the<br />

level of acceptance will rise or fall due<br />

to the external influences at work.<br />

What happens next? <strong>The</strong> Scottish<br />

Government’s promised review will<br />

take place in three stages. First, a<br />

scoping exercise is underway to identify<br />

relevant data streams, including<br />

quantitative data from Solicitors<br />

Property Centres and Registers of<br />

Scotland. <strong>The</strong> Society has pressed for a<br />

focus group of solicitor estate agents as<br />

a useful source of qualitative data.<br />

An interim review will then assess<br />

any refinements required to improve<br />

the way the reports work – a fine<br />

tuning exercise to be based on the<br />

first year’s data, and due to complete<br />

by next summer (some delay is<br />

predicted). <strong>The</strong> Society failed in a bid<br />

to include consideration of removing<br />

the compulsion element, or<br />

abandonment of the whole scheme;<br />

this would only destabilise the<br />

market, said the Government.<br />

<strong>The</strong> full evaluation of whether<br />

home reports have achieved the<br />

Government’s policy objectives will<br />

not take place until five years have<br />

elapsed. “It remains to be seen how<br />

the impact of home reports on the<br />

condition of housing will be<br />

measured”, says John Scott, secretary<br />

Circumvention of the Act, e.g. where<br />

selling agents postpone the<br />

commissioning of a report until a<br />

purchaser is lined up.<br />

“Beauty parades”, where a selection<br />

of desktop valuations is obtained and<br />

the single survey is then ordered from<br />

the surveyor providing the highest.<br />

Delays in concluding missives,<br />

while purchasers’ lenders approve the<br />

single survey.<br />

Rejection of the single survey by<br />

lenders, particularly when provided by<br />

a firm of surveyors not on their panel,<br />

and insistence on a separate mortgage<br />

valuation at the purchaser’s expense –<br />

multiple surveys?!.<br />

“I raised all these points at both the<br />

stakeholders’ meeting and the meeting<br />

with DTZ [who are carrying out the<br />

initial stage of the Government review].<br />

It is clear that the Government is<br />

sensitive to at least some of them. It has<br />

been encouraging Trading Standards to<br />

take a more proactive approach to<br />

enforcement of the legislation, and has<br />

contacted CML on the lender issues.<br />

“We shall continue to represent<br />

your views on home reports to the<br />

Government at every available<br />

opportunity. In addition we may carry out<br />

our own research to gauge their effect.”<br />

to the Society’s Conveyancing<br />

Committee, who has been heavily<br />

involved in the monitoring work.<br />

To Graeme McCormick it is “one of<br />

the biggest flaws in the scheme” that no<br />

national register of home reports has<br />

been created: this could have provided a<br />

historic condition report on a property,<br />

and valuable information on the<br />

quality of the housing stock. Indeed, as<br />

things stand, one wonders how any<br />

change in the level of information<br />

available to purchasers, particularly as<br />

to whether defects have been revealed<br />

that otherwise would only have come<br />

to light after purchase, is to be assessed.<br />

Scott adds: “<strong>The</strong> political reality is<br />

that home reports will be with us for<br />

the foreseeable future, well beyond<br />

the Holyrood elections in 2011,<br />

unless there is a groundswell of<br />

public opinion against them. If you<br />

have any clients who are seriously<br />

unhappy about the new system I<br />

suggest that you ask them to direct<br />

their complaint to their local MSP!”<br />

What can be said with some<br />

confidence, on the feedback reported<br />

here, is that theory and practice in<br />

relation to home reports are currently<br />

some distance apart, and it remains to<br />

be seen whether effective measures<br />

can be devised to narrow the gap.<br />

14 / the<strong>Journal</strong> December 09 www.journalonline.co.uk

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