Buyers – Questions and Answers
Q - How can buyers receive a copy Home Report?
A - A Buyer should ask whoever is advertising the property for a of the copy Home Report.
Q - Will it cost buyers anything to obtain a copy Home Report?
A - No, buyers will receive a Home Report free of charge, although there may be a charge to cover the costs of print and postage.
Q – How quickly must a seller or their agent comply with a request by a prospective buyer for a copy of any or all of the Home Report documents?
A – A person responsible for marketing a house must provide a copy of any or all of the documents within 9 working days.
Q - If I buy the property, do I have to pay the seller back for the cost of the Home Report?
A - There is nothing is the legislation that insists that the buyer of the property should reimburse the seller for the cost of the Home Report. This is a matter between the buyer and seller.
Q - Are Home Reports required across Scotland?
A - Yes. All houses marketed for sale in Scotland will require a Home Report, with only a few exceptions.
Q - What can buyers do if a Home Report is not provided?
A - Buyers should receive a Home Report within 9 working days of requesting it. Sellers may refuse to provide a copy in certain limited cases. These are where the seller believes that the person making the request:
- could not afford the property
- is not really interested in buying the property
- is not a person to whom the seller would wish to sell the house
If a buyer believes that they are being denied a copy of the Home Report unlawfully, local authority trading standards officers are responsible for enforcement of these duties.
Q - Can a house buyer rely on the Single Survey?
A - Yes. Buyers will have a statutory right to damages if the survey does not meet legal requirements. Buyers will have a survey report that is not only prepared by a professional and backed up by professional standards and the obligation to be objective, but is also underpinned by specific legal liability. The liability to a buyer is similar to that which the surveyor has towards the seller who commissioned the survey. An independent Surveyors Ombudsman Scheme provides a route for buyers and sellers whose complaints are not resolved by the surveyor.
The Scottish Government have worked closely with the Royal Institution of Chartered Surveyors on this issue. Graeme Hartley, Director of RICS Scotland said:
‘Chartered surveyors are fully qualified, strictly regulated professionals. There is an independent redress system should the buyer or seller be dissatisfied with the service the surveyor provides. The single survey and valuation will be produced in an objective way and can be trusted 100% by both the seller who commissioned it - and the buyer. If either the buyer or seller is in any doubt about the survey or valuation contained in the Home Report, they can take independent advice or contact the independent surveyor ombudsman service if they have a complaint. The Home Report can be trusted. The public should remember that the law requires the Single Survey to be prepared by surveyors registered with or authorised to practise by the Royal Institution of Chartered Surveyors.’