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Why are searches not commissioned by homeowners?

59 replies

Ohmygoddddd · 21/02/2024 12:42

Would it not be much easier to compel homeowners to prepare a pack for potential buyers which includes a survey/the searches ready for sale? The number one worst aspect of buying/selling is the awful, drawn out protracted process of slowly finding out the issues with the home you are buying and any potential re negotiations/sales falling through.

If we all just had this information to start with it would be so much more efficient and set prices at a realistic standard, so any offers could factor in any structural issues/alarming results from the searches etc.

I just cannot fathom why we allow the system to be like this and why there isn't more of a push to change it.

OP posts:
Spirallingdownwards · 26/02/2024 12:14

If you actually mean searches they only last a set period of time. It is the buyer who seeks to rely on them so it is their cost. You don't have to carry out searches. If your mortgage requires you to then again that is the buyer who needs it.

Vaccances · 26/02/2024 12:22

CountryCob · 26/02/2024 12:11

@Vaccances how do you think priority searches work at the land registry?

Lol! Yes get your title deed done whilst waiting 3 months for the council one......

& what difference does it make when the title deed can be changed before purchase.

Do you understand what a Search is, what it means & the protections it gives? or rather doesn't.

NoCloudsAllowed · 26/02/2024 12:24

Love51 · 21/02/2024 14:39

Buyer pays surveyor to find problems.
Seller pays surveyor not to find problems.

But then surely buyer sues surveyor?

Vaccances · 26/02/2024 12:27

DistingusedSocialCommentator · 26/02/2024 12:05

Sorry, I missed that. However, how will a "search insurance" help a buyer when a tower block goes up to them next door, one they were not aware of?

We've moved a few times over the 20 years. Trust me moving with a family and being a bit worried about moving ext door to people from hell is very worrying, demanding and stressful. We worked when we moved, so that was extra stress.

I'm not having a go at you, just pointing out my concerns

Appreciate that.

The risks covered by search indemnity insurance vary between providers, however generally they will cover any loss sustained as a result of adverse entries which would have otherwise been revealed had a search been carried out prior to completion of the transaction

Prior to completion is the important part.

Plus 1 on the stress, its a 'mare, apparently up there with bereavement.

CountryCob · 26/02/2024 12:33

@Vaccances as a qualified solicitor I can tell you that the priority period stops the title changing. Maybe you aren’t such an expert

CountryCob · 26/02/2024 12:36

Also, indemnity insurance only pays out the cash devaluation in your property from a title defect. Done correctly proper due diligence allows you to decide if you still want the property. I am published in this area, have decades of commercial experience and train to masters level for the accrediting bodies in the industry so know all about the risk. Proper due diligence manages that.

AncientQuercus · 26/02/2024 12:54

We had to pay for one of these when we moved in 2009-10. It was horribly expensive and didn't really tell anybody anything. I was pleased to see when we moved last year that they'd done away with it.

Vaccances · 26/02/2024 13:21

CountryCob · 26/02/2024 12:33

@Vaccances as a qualified solicitor I can tell you that the priority period stops the title changing. Maybe you aren’t such an expert

I never said i was, at any point.

But we aren't really talking about Lr searches? they are cheap compared to a Council one & a survey, which is what the OP is about.

I'd rather have the ins than not, its very cheap or it was in our case.

However, as a Solicitor, i bow to your superior knowledge on this.

CountryCob · 26/02/2024 13:27

@Vaccances you take out a relatively cheap LR search to guard against title changes, it’s called a priority period. As another poster said no one is making purchaser take out the searches except for their lender and the common sense to investigate one of the biggest investments of your life properly as it is extremely unlikely to be satisfactorily resolved if something comes up later that you wish you had known. It is a difficult and stressful process which carries risk and good professionals are on your side and exceptionally helpful. No one is saying the process is perfect but dismissing it would be unwise

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