Survey - cancel under Sale of Goods & Services Act?

Jazzking

Hi all,

Three weeks ago, I arranged for an independent survey to be done on the house we are buying, to check for damp and woodworm etc. This was to cost £30 + VAT, but would not be charged until the report was sent out to me. We arranged for the surveyor to come round on Monday 10th October, and the woman I spoke to said it's usually a couple of days after that we will receive the written report.

It's now been 2 weeks since the date of the survey, and last time I spoke to the company (on the 14th), they hadn't received the report from the surveyor for typing up. I've still not received the report, and we've moved on with the house purchase based on another survey. Am I allowed to cancel the original one under the Sale of Goods and Services Act as it was not carried out (delivered) within the expected timescale, or can they still charge me the £30 as the work has already been (part) done?

Thanks!

Alex

Mods - feel free to move this if there is a forum where more legal-type people hang out

greenwich

I think your position would have been much better if you had (i) told the company firmly that you expected the report by such and such a date and (ii) told them in advance that you would hire another surveyor if they did not send the report timeously.

You last spoke to them 4 days after the survey. It was not unreasonable for the report to be still pending then, though you could have said then that you wanted it within say 4 more days. Since you have not been in touch with them since then, you are on weak ground. They will say that you did not warn them you were going to treat the contract as repudiated (which in legal terms is what you are now saying).

Having said that, they probably won't sue you for only £30 if you write a firm letter telling them the speed of their service is unacceptable.