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medsecslave | 19:09 Wed 24th Sep 2008 | Law
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I sold my house 3 months ago and have just been contacted by the estate agents to say they forgot to charge me for the HIP and require a cheque for �410. When the HIP was ordered it was put on account to be paid on completion through their lawyers who I used for the sale of the house. Having checked the final statement, it just says estate agents fees so there was no breakdown of costs in relation to the estate agents. It was my understanding the HIP would cost around �300 - �350 but this was only verbal but the figure of �410 was definitely never mentioned. I've googled to see if there's a standard charge but the costs seem to vary. Also I was never provided with a copy of the HIP. I will struggle to find �410 and I'm upset to receive a bill like this out of the blue. Does anyone have any suggestions on how to tackle this or should I just pay up begrudgingly?
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You have to pay up really - they provided you the service. It's your fault that you didn't get a written quotation to keep them to.
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Yes - I agree I made a mistake there. I just need to know if I'm legally obliged to pay. :-(
yes of course you are - as i said, you recieved the service from them, now you hav to pay for it
I can't understand why you didn't receive a copy though - I got mine emailed to me and it was over 50 pages long!
If you never received a copy you don't pay. Ask them for the proof (HIP report, signed & dated) and when they supply proof refuse to pay as you weren't informed at the relevant time.

They may take you to Court and it will be for the Magistrate to decide.......am sure the Mag will support you and throw the case out.
HIPS do vary in price depending on the provider, searches required etc... it also costs more if it is a leasehold rather than a freehold as there is more information required and costs in setting it up. They are also Vatable so the VAT figure may be part of the additional cost.

It would be usual, if not paid up front, for your solicitors to pay it on completion with the agents fee so just make sure you get a proper breakdown in that the agents fee was calculated correctly (whether fixed fee or percentage based).

If you authorised the HIP to be produced then you are liable to pay for it. Unless you only agreed to pay a certain amount, preferably in writing, then it would be difficult to then not pay the full price.

Definitely make sure it was done and used in the sale but it is not unusual for you not to have a copy as it is really for the buyer and their solicitors.

The residential market has been suffering and I imagine they will not let this go easily as every penny counts at the moment.

If you're really struggling see if they will let you pay part now and part later. Best to front it and sort something out than risk them taking further action and the potential effect on your credit rating.
For what it's worth I agree with terambulan. Get proof and the date. From what you have said I'm a bit suspicious.They have charged their fees for what they did and they knew that a HIP was a condition of sale. Pay nothing without proof.
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I'm sure there is a HIP otherwise the sale wouldn't have gone ahead but I will ask for a copy since it looks like I'm going to end up paying but I will be querying the cost for sure. I've remembered that my husband said he'd pay for a new washing machine if I covered the HIP and we only paid �269 for the machine - that's how I know the figure of �410 never came into it otherwise I'd have got a more expensive washing machine!!
Was the HIP charges mentioned in the contract you signed with them?

If not - you need not pay a single thing. We had a similar problem with a nationwide estate agents. It was challenged and thrown out by them! - Even after it had been submitted to court!!
I'd definitely ask to see a copy of the HIP - you've paid a lot of money for it, and I found ours to be interesting to read (parts of it, anyway).

Our EA told us they wouldn't give us a hard copy (over 50 pages!) but we could go on the internet and read it (they would provide a link to it) or print it out for ourselves.

Incidentally, we were quoted �400 by the Estate Agent. I did some searching online and found a company that did it for �230. The EA apparently doesn't do the work - they just appoint someone to do it. You can do that yourself, and save yourself some cash. (Sorry, too late for you to do that).
Much easier to go direct to HIP provider as any go-betweens liek agents or solicitors can pass on an additional cost to the seller when, as said above, they don't do the work but put an add on because they can.

Definitely check what you signed and if any specific HIP price was mentioned but as you couldn't have sold the proeprty through agents without it, getting a HIP would not have been optional.
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