Grania Langdon-Down, in her article 'Halfway House' (contained in the Gazette Guide to Home Information Packs), comments on recent research showing that 75% of solicitors will not accept personal searches. Since it is imagined that 100%, of HIPs will contain personal searches, this is likely to present a problem (at least until a possible amelioration of the position in March 2008), in that solicitors acting for buyers will be expected to accept the HIP-provided personal searches rather than local authority searches.


As Michael Garson, quoted in the article, rightly says: 'Backing the searches with insurance is no use to the buyer if there is a motorway to be built nearby. It is not simply about financial loss - they simply wouldn't want the house.' Best conveyancing practice means getting it right the first time rather than relying on insurance.



Is it not tantamount to negligence for a buyer's solicitor to accept a defective personal search simply because it is included in the HIP when, under the old regime, this would not have proved acceptable?



And is it not incumbent upon the Law Society, in representing solicitors as our professional body, to offer guidance to solicitors as to how to resolve this new burden being placed upon us without compromising our principles?



Barry Borman, Edgware, Middlesex



Law Society Deputy Vice-President Paul Marsh replies: The compulsory implementation of HIPs on 1 June does not alter the duty of a buyer's solicitor to make proper enquiries. The buyer's solicitor must ensure that relevant searches are carried out and that the result of these searches are satisfactory to the buyer. As a minimum, a buyer's solicitor will need to explain to the buyer, if faced with a HIP containing personal searches, the difference between these and authorised searches. This is to enable the client to make an informed decision as to whether or not they are prepared to proceed with the purchase without official searches. The solicitor will also need to check the instructions of any lender they are acting for to see if the lender will accept the personal search in the HIP. The Law Society has repeatedly told the government that because the buyer will need to be advised about the difference between the searches, there may be delays and extra costs incurred. Our concerns have been ignored - probably because of the government's desire to encourage personal searches and implement HIPs come what may.