The UK Government has announced plans for what it describes as “the biggest shake-up to the homebuying system” in England’s history. The proposed reforms aim to improve efficiency, cut costs, and reduce delays in the property market — but legal experts are urging caution over potential risks and unintended consequences.
Frank Smith, Managing Partner at Frank Smith & Co Solicitors, a specialist law firm with over 100 years of combined legal experience in property and private client matters, shared his expert perspective on the reforms. Frank himself has over 20 years of experience in property law and is a nationally recognised legal affairs expert.
Modernising Conveyancing Through Transparency.
“The government’s proposed reforms to the house-buying process mark a major step toward modernising conveyancing through greater upfront transparency and the introduction of earlier binding contracts,” said Frank Smith.
While the changes are designed to make transactions faster and more reliable, Smith notes that “increased disclosure obligations and earlier contractual commitments could heighten the risk of liability where information is incomplete or inaccurate.”
Echoes of the Home Information Packs Scheme.
Smith draws a comparison with the Home Information Packs (HIPs) scheme, which was suspended in 2010 after criticism for creating duplication and discouraging sales.
“The proposals mirror the suspended HIPs scheme, which faced criticism for deterring sales and creating duplication,” he explained. “Any new framework must therefore ensure clear definitions, proportionate liability, and realistic timelines for due diligence.”
Balancing Reform With Caveat Emptor.
One of the central questions raised by the proposals is how they interact with the traditional legal principle of caveat emptor (“let the buyer beware”), which protects sellers from liability unless misrepresentation occurs.
“It will be vital to balance these reforms with the long-standing principle of caveat emptor,” Smith emphasised. “Shifting too far from this could make sellers more hesitant to list their properties and decrease housing supply.”
A Case for Greater Seller Responsibility.
Despite potential risks, Smith acknowledges that increased transparency could benefit less experienced buyers.
“There could be a case for placing greater responsibility on sellers — particularly in order to protect first-time buyers and less experienced purchasers,” he said. “With proper safeguards, increased transparency could enhance confidence and fairness in the property market as long as it does not overburden sellers.”
About Frank Smith & Co Solicitors
Frank Smith & Co Solicitors is a specialist law firm providing expert advice in property law and private client matters. With over a century of combined legal experience, the firm is dedicated to delivering trusted, professional legal services to clients across England.
