Survey Issues

[Mrsmancmonkey]

Hi guys

 

We are currently in the process of selling our house having only lived here for 14 months. We had sold it subject to contract and the purchasers home buyers has bought up issues which we knew couldnt possibly be right with the house as we had a Home Buyers when we moved in.

 

We had had to have (and pay for) specialists to check out his 'findings' and they have both confirm that their survey is very misleading - is there anything I can do because they have in effect lost us our purchaser. I have spoken to the RICS and because we are not their client I can not complain.

 

We have of course sent the purchasers these reports, but they have now purchased somewhere else.

 

He has also assumed things in there, we lived near a factory and there has never been a noise yet he has said that it 'noisy' and off putting to other purchasers. The guy who came and looked at the roof, said that reading his survey it sounds like we needed a new roof and this just isnt the case and that it is in good condition and has many years left in it!

 

Any advice would be welcomed

 

Thanks in advance

[Weird Al Yankovic]

I think you may have misunderstood about the RICS.

 

If the surveyor you are unhappy with is accredited with RICS then they will be obliged to take up a complaint about him.

 

Could the RICS have instead informed you that he is not one of their members? There are other bodies to be members of.

 

All surveyors have to have insurance to carry out their job, be accredited and keep records of every survey carried out for, I believe, 15 years.

[Mrsmancmonkey]

No I havent misunderstoond I wish I had, I was told that because my purchaser is the surveyors client I can not complain as they are not working on my behalf......

[GuidoT]

The RICS will not handle complaints, they will not be that interested.

 

However, they will reprimand (and or fine) a firm for failing to deal properly with a complaint, i.e. failing to have a complaints handling procedure.

 

The RICS do not have powers to award compensation to individuals, however they can fine firm for non compliance with the RICS rules and regulations.

 

It is likely the surveyor will be from a chartered surveying practice as lenders rarely instruct non chartered firms, not least because of the mandatory requirement for chartered firms to carry professional indemnity insurance.

 

I would request a copy of the complaints handling procedure from the firm of chartered surveyors that prepared the 'incorrect' report and follow your your complaint up that way.

 

Given the information you provided you are going to have a few difficulties pursing this, not least of which relates to you showing that the report was not prepared using reasonable skill and care expected of a reasonably competent surveyor, that this led to the collapse of your sale and your losses arising from such are x.

[rbrears]

As the OP said, the surveyor was not working for him, but the buyers, so it seems highly unlikely that he will be able to complain about that surveyor. Certainly the surveyor wouldn't owe any contractual or tortious duty to the OP.

 

Sorry to hear you lost your buyer.

[Mrsmancmonkey]

Am not sure I am entitled to follow their complaints procedure, I started there in the first instance and was told no I couldnt complain as I am not their client - Are you saying that I should be able to then and should go back to them?

 

Given the information you provided you are going to have a few difficulties pursing this, not least of which relates to you showing that the report was not prepared using reasonable skill and care expected of a reasonably competent surveyor, that this led to the collapse of your sale and your losses arising from such are

 

Well he specifically said the Damp proof is failing and it isnt we have had this checked. He also said that house has rising damp, again this has been checked it doesnt we have a report to confirm this. The roof 'needs reroofing' it doesnt. He also assumed that the factory was noisy it isnt. We also have a long standing crack in the wall (this was bought up in our survey) however ours stated typical of its age nothing to worry about, he basically has said that our house needs underpining..... how can someone write this if they are not a structural engineer? He told the buyers that they had paid a premium for our house, and should offer £10k less because of the work on the house, replastering because of damp, new roof etc, we have had quotes for everything and its £400 so far including labouring - how can someone get away with saying this based on their assumptions, surely a survey should be based on fact?

 

Thanks for response btw

[GuidoT]

The surveyor owes a duty of care to a third party that would have have been in reasonable contemplation of the surveyor's mind when he prepared the report, that would naturally extend to the buyer and I would argue the seller.

 

There is also the Contract (Rights of Third Parties) Act 1999 which extends the general contractual duty or care (unless it is expressly contracted out of).

 

The surveying firm may tell you that as did not instruct them, you cannot complain, but if you feel you must pursue it, then do not let this stop you.

[Mrsmancmonkey]

I just cant see how someone can get away with doing that though, I understand what you are saying that he has a duty of care, but if what he is saying is incorrect surely he shouldnt be in that particular job as he is getting things wrong.

 

There must be some law whereby I can sue his sorry ass for saying misleading things. (Can you tell am cross!)

 

Thanks so much for help