Can someone clarify one aspect to me of the home information packs?

Does the legislation requiring all sellers to obtain a survey report before putting property on the market assume that at present all buyers obtain a survey? This may be so where the buyer is obtaining loan finance - but it is not always so on a cash purchase.

Two unusual, but by no means rare, examples come to mind (both through my experience).

In the first case, a house is not for sale but a prospective buyer approaches the owner making a cash offer that cannot be refused - on the basis of swift exchange.

In the second example, the owner mentions to friends/neighbours that the house is about to go on the market - a prospective buyer hears through the grapevine - and before the property is put on the market, the buyer approaches the seller making a cash offer at the asking price, again on the basis of swift exchange.

In both cases, will the seller be forced to delay swift exchange - and thus run the risk of losing the sale - while then obtaining the compulsory survey report? If the seller and buyer decide to go ahead without the report will the seller not only be guilty of a breach under the proposed legislation - but both the seller and the buyer be guilty of a criminal conspiracy to breach the legislation?

Does the legislation mean that 'cash transactions' - without the buyer seeing any need for a survey - will become illegal, unless a report is obtained even though neither party requires the same?

Russell Graham, Zermansky & Partners, Leeds