Sellers' loophole exposed

Government plans to introduce a compulsory sellers' pack backed by potential criminal sanctions have been branded as 'absolutely crass' after it emerged that sellers can avoid liability for it if they think the buyer is not serious or do not want to sell the property to a specific buyer.The Homes Bill, published just before Christmas, will be debated on the first day of Parliament's return next week.

It also contains provisions relating to homelessness and social housing.

The sellers' pack will be enforced by trading standards officers, who, in the event of finding that a pack was not properly provided, can give advice or a warning, offer a formal caution, serve a fixed penalty notice or start a prosecution in the magistrates' court.

Paying the fixed penalty (which will be up to 500) will avoid a criminal conviction.Michael King, chairman of the Law Society's conveyancing and land law committee, attacked the subjective nature of the defences, saying they are 'absolutely crass'.

In the light of moves towards electronic conveyancing, 'the whole thing's an irrelevance', he added, reiterating the Society's concern that the sellers' pack pilot in Bristol last year had not been extensive enough.A spokeswoman for the Department of Environment, Transport and the Regions said there would have to be some sort of penalty attached to the pack; however, there was not much more to say until the Bill has been debated in Parliament.Neil Rose