Upfront information – is Inspector Morse or Ronan Keating correct?

Peter Ambrose

Ever since they put away the bunting from the street parties celebrating the scrapping of Home Information Packs (HIPs) fifteen years ago, we’ve been told that if buyers could only get the information they needed to buy a property more quickly, fall-throughs would be reduced and deals would transact faster.

It’s difficult to argue against the logic that getting accurate information faster should improve matters.  Indeed, if someone stood up at one of those conferences where everyone agrees that something needs to be done” and said Having no information is fine, this house buying process takes as long as it takes they’d be told to go and shout at the ducks in the park.  Mind you, if they posted it on LinkedIn, the number of @mentions that comment would attract would get them inducted into the Influencer Hall of Fameall by itself.

Information up front – myth or reality

For those not actually involved in the rough-and-tumble that is the home selling process, the concept of having better upfront information through Material Information makes complete sense.  The problem with the current government whisperings is that the definition is loosely defined at best, so measuring results will be difficult.

It’s not that having more information doesn’t helpexperiments have shown that when a seller buys searches on instruction, deals go through quicker and fall-throughs are reduced.  Assuming the searches are accurate (it’s easy to miss parts of property making them worthless) and exchange is less than six months after instructionthese results are encouraging.

The problem is knowing why this happens.  It could be due to the sellers being more committed as they have paid money or that buyers’ lawyers are slow at ordering searches, and fall-throughs are caused by the delays this causes.  In any event, it’s a shame that searches are not included in the material information discussion policy advisors are no doubt spooked by the accusation of this being HIPs Part 2- the Return, as they were included in the original Upfront Information concept.

Better informed choice … to walk away

Those arguing for change say that collecting more information up front “will enable buyers to make a more informed choice but they miss the second half of the sentence; “to pull out of the deal.” Which creates an awkward assumption that buyers fall into two categories; Dumb and Not Dumb – those that will use the data and those that won’t.  However, if a property is blighted by being next to the planned runway at Heathrow Airport, making this information available may well put most people off, dullard or otherwise.  Unless buyer happens to be an avid plane spotter, most people would not be excited by the prospect of A380’s taking off over their property.

As agents know, there’s only one solution when faced with such a dilemma – a massive price reduction.

Which goes to the heart of the problem, that the people responsible for providing this information are those paying the bills of agents to sell their property.  When the rallying cry goes out to march on Parliament to demand change, it’ll be first time buyers with the banners rather than sellers, storming the barricades at Westminster.

Which is a challenge, because whilst getting more information quicker is sensibleagents need sellers to sign up with them and if there’s any chance these details might give a buyer an excuse earlyin the process to walk awaythey’ll avoid anything that puts the deal at risk.

Agents need instructions coming in at the top of the funnel, because without them, there will be no exchangesno commission and probably no job.  Whilst the argument for better qualified sellers is made repeatedly, which was one of the benefits of HIPsat the timeagents saw them as a barrier to speculative new instructions.

Read them their rights

We’re not suggesting that the recommendations to provide upfront information should be dismissed as just ramblings.  Indeed, as experiments have shown, the current process can be accelerated through intelligent re-prioritising of activities such as getting sellers to buy searches.

But ioverlooks the fundamental issue.

Sellers are less likely to take the advice of Inspector Morse when giving a caution, that Anything you say or don’t say may harm your defence and instead will be more swayed by Ronan Keating’s suggestion that You say it best, when you say nothing at all”.

Which unfortunately means the supporters of Upfront Information may have to wait before they start baking cakes and putting out the bunting to celebrate this method of improving the home buying process. 

 

Peter Ambrose is the owner of The Partnership and Legalito. 

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2 Comments

  1. Shaun Adams

    Peter, I think you’re right that simply adding more information does not automatically fix the process. Information alone rarely changes behaviour.

    But in practice we’re seeing something slightly different on the ground.

    A lot of the discussion around upfront information focuses on what sellers should provide, but there are other practical issues too.

    For example, if searches are obtained when a property launches, will all buyers’ solicitors be comfortable exchanging using searches that may be several months old by the time a buyer is found? Some will, some will not. That inconsistency could undermine the whole idea.

    Personally, I think enquiry ready contract packs prepared before the property launches make more sense. When a buyer is found the legal pack is already assembled, many questions have already been answered, and the process can move much faster.

    Buyers also need to instruct their solicitor much earlier in the process. Too often a buyer agrees a purchase and only then starts looking for a conveyancer, which wastes weeks before the legal work even begins.

    And if we’re honest, the industry still has work to do. Many agents still can’t be bothered to include even the minimum material information on their listings, despite it being a requirement.

    Where I do agree change is needed is around commitment once an offer is accepted.

    At the moment the UK process allows both sides to spend months progressing a transaction with no real commitment. That is where much of the frustration and many fall throughs come from.

    When buyers receive clear information early and both sides make a financial commitment through a reservation agreement, behaviour changes quickly. The move stops feeling like a free option and starts behaving like a proper transaction.

    Interestingly, most developed property markets already work this way. Once an offer is accepted there is usually some form of financial commitment from both parties. The UK is the outlier where everything remains non binding for months.

    So I don’t think it’s a choice between Inspector Morse or Ronan Keating.

    Give buyers better information earlier, prepare the legal pack before launch, get buyers legally represented sooner, and introduce proper commitment once a deal is agreed.

    When those things happen together the process starts behaving much more like a transaction rather than a hopeful conversation.

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  2. skipdale

    Agee with the above. I am one of 5 selling agents in my town and the only one who includes (30+) material information answers with every listing.

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