H O U S I N G
m a t t e r s
Page 12
You may want to use a broker
because it can save you time
shopping around. However, some
lenders offer products direct to
customers that a broker may not
be in a position to offer. So, it
may be best to shop around, to
see what else is available.
A broker may be used when it
could be difficult obtaining a
mortgage directly from a lender,
for example:-
• the mortgage required is
particularly large
• the property is unusual in some
way
• more than two people wish to
jointly purchase the house
• the applicant is self-employed
and their income fluctuates.
There are rules about how much
a broker can charge for their
services. Also, brokers must not
discriminate against you because
of your race, sex, disability,
religion or sexuality when they are
offering you their services.
For more information about
mortgage brokers, go to the
Financial Services Authority
(FSA) website at: www.
moneymadeclear.fsa.gov.uk.
Making a complaint about
a mortgage lender
If you want to complain about a
mortgage lender or broker, you
should first discuss the problem
with them, and then consider
making a formal complaint. If
you think the mortgage lender or
broker has discriminated against
you, you can complain about this
as well. Each lender or broker
should have its own internal
complaints procedure. If you have
followed this procedure and are
still not satisfied, you can take
your complaint to the Financial
Ombudsman Service.
For more information about
making a complaint to the
Financial Ombudsman Service see
How to use an ombudsman
or commissioner in Scotland.
HOW TO FIND A
PROPERTY
There is a number of ways in
which someone could find a
property to buy:-
• using estate agents or
solicitors’ property departments
• visiting the local solicitors’
property centre
• looking at property pages in
local newspapers
• contacting house building
companies for details of new
properties being built in the
area.
DECIDING ON A
PROPERTY
When you find a property you
are interested in you should
arrange to look round it to make
sure it is what you want and to
check as far as possible on the
state of repair. You will need
to get some idea of whether
or not you will have to spend
any additional money on the
property, for example, on repairs
or decoration. It is common for a
potential buyer to visit a property
two or three times before
deciding to make an offer.
Warranties for newly-built
properties
If the property is a newly-built
property, check whether it has a
Buildmark warranty. Buildmark
warranties are organised by the
National House-Building Council
(NHBC) which is an independent
organisation with over 20,000
builders of new houses on its
register. Before being accepted
onto the NHBC register, builders
must be able to show that they
are technically and financially
competent and they must
also agree to keep to NHBC
Standards.
The Buildmark scheme covers
homes built by NHBC registered
builders once the NHBC has
certified them as finished. The
scheme will, for example, protect
your money if the builder goes
bankrupt after contracts have been
exchanged but before completion.
It also covers defects which arise
because the builder has not kept
to NHBC Standards. For more
information, go to the NHBC
website at: www.nhbc.co.uk.
ENERGY
PERFORMANCE
CERTIFICATES
If you are buying a house after 1
December 2008 you will get an
Energy Performance Certificate
(EPC) free of charge. This will
give you information about
the energy efficiency rating of
the house and suggestions of
cost effective energy saving
improvements. More information
about EPCs can be found on the
Scottish Government website at
www.scotland.gov.uk.
THE HOME REPORT
From 1 December 2008 most
houses which are marketed for
sale will require to have a Home
Report and to make it available
to potential buyers. There are
three parts to the report; a
single survey of the property, an
energy report and a property
questionnaire. More information
about the Home Report can
be found on the Scottish
Government website at www.
scotland.gov.uk.
GETTING A
SURVEY
If you are buying a house which
has a Home Report you will
get the single survey as part of
the Report. The surveyor who
produces the single survey has
a legal responsiblity to provide
accurate information to both the
seller and the buyer. The single
survey is broadly the same as a
scheme 2 survey. (see under the
heading The Home Report)
You should not buy a house
without getting it surveyed first. If
you are buying the house with a
mortgage, the lender may insist
on having a survey for mortgage
assessment carried out, to be
paid for by the buyer. There are
three main types of survey, or
inspection which you can get:-
• mortgage valuation report (scheme
1 survey). A mortgage valuation is
the least expensive type of inspection
and provides a valuation of the
property for the purposes of getting
a mortgage
• home buyers report (scheme 2
survey). The home buyers report will
consider not only the value of the
property but will also examine the
structure of the property and should
identify any existing or potential
problems
• full structural survey (or buildings
survey). A full structural survey is
expensive but provides a thorough
and detailed inspection of the
property.
The buyer’s solicitor should ensure
that the surveyor is a member of:-
• the Royal Institute of Chartered
Surveyors; or
• the Incorporated Society of Valuers
and Auctioneers: or
• the Incorporated Association of
Architects and Surveyors.
If the surveyor reports that there are
some problems with the property, you
will have to consider whether you still
want to go ahead with the purchase.
In some cases it may be necessary
to ask a builder or other workman
to estimate the cost of carrying out
necessary repairs.
WHAT KIND OF
OFFER TO MAKE
Unconditional offer
It is normal practice for the buyer
to arrange a mortgage and find
out as much as possible about
the house before making an offer.
The offer specifies the price to be
paid. Although this is called an
‘unconditional’ offer, it contains a
number of standard conditions. You
should not make an unconditional
offer without thinking about having a
survey carried out in addition to the
single survey provided by the seller.
You should also arrange a mortgage
before making any kind of offer for
the house.
Conditional offer
The conditional offer specifies the