Home sellers could face legal action from next week

From 6 April a Home Information Pack, a HIP, must be in place, not just ordered, before houses can be put up for sale.

As part of the HIP, home sellers will need to complete a Property Information Questionnaire, a PIQ.

The PIQ requires the homeowner to answer mandatory questions about the property. This is potential cause for concern, according to Property Law specialists Fridays Property Lawyers.

Home sellers could face legal action.

Simon Seaton, director of Fridays Property Lawyers, said ‘The PIQ is going to be a minefield for vendors. It asks the vendor difficult, and often subjective, questions, the answers to which are then actionable if a purchaser considers them to be misleading.’

He added ‘The really big departure is that a ‘purchaser’ does not need to have purchased before taking action – he can sue without having committed even a deposit if he thinks the information provided is incorrect.’

A purchaser who start to progress the purchase of a house and incurs expenses in reliance on inaccurate information in the PIQ can claim for damages against the seller who completed the PIQ.

Clearly this is a tricky area and according to Seaton ‘not one that estate agents are qualified to advise on. We advocate that sellers consult a property lawyer for help on completing their PIQs.’