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19 November 2010 / Michael Garson
Issue: 7442 / Categories: Opinion , Property
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HIP lessons

The history of the HIP is a lesson in how not to make policy...

Michael Garson casts a wry eye over the politics & history of HIPs
The history of the HIP is a lesson in how not to make policy. The project started with the ambition to rid the world of gazumping and the diagnosis was that the delays in exchanging binding contracts lay at the heart of this problem. The mischief was believed to rest with sellers who spent no money on marketing the property for sale while buyers, under the doctrine of caveat emptor, had to do the legwork and bore costs at all stages.

The plan was to accelerate the information made available to buyers so that contracts could be signed quickly once a property was identified and price agreed. The driving imperative was that the cost of the exercise should fall on the seller. This was unpopular and a disincentive for sellers to market speculatively. 

The fundamental defect in government thinking from the start until too late was the belief that

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NEWS
The government will aim to pass legislation banning leasehold for new flats and capping ground rent, introducing non-compulsory digital ID and creating a ‘duty of candour’ for public servants (also known as the Hillsborough law) in the next Parliament

An Italian financier has lost his bid to block his Australian wife from filing divorce papers in England on the basis it was no longer her domicile of choice

Reforms to the disclosure regime in the business and property courts have not achieved their objectives, lawyers have warned
The Law Society has urged ministers to hold a public consultation on the use of artificial intelligence (AI) in the justice system as a whole
Ministers have proposed bringing inquest work under a single fee scheme for legal help and advocacy legal aid work
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