who is responsible?

johngreer

i have now sent a letter to colleys to see if they are any nearer to sorting this problem out i have also sent a copy to our solicitors we used when buying the property and im thinking of contacting my msp
any other thoughts?

andrew-b

TomsMom gives a very good informative answer! My father retired from being a building surveyor for a major building society (possibly even the same one as TomsMom!) about 6 years ago now and used to carry out all 3 types of reports (valuation, home buyers, full structural).

As said already a valuation survey is just that. The surveyor would not be pulling up carpets. I'm not sure about stabbing walls with a damp meter - i don't recall my father doing this except where he had reason to believe there might be damp though he may well have done and i just don't remember. Even on a full structural survey there's only so much can be done without completely wrecking the house but the surveyor is much more likely to identify such problems. If a carpet is already loose then it's not such a big deal lifting it. A large proportion of the time of a valuation is taken up literally just taking external dimensions (to work out size for insurance purposes) - i was in charge of the tape measure the few times my Dad took me on these as a teenager!

Unfortunately i think this is more a case of caveat emptor (buyer beware). Legally i don't think you'll get far. If you'd had a structural survey and the problems weren't identified then you might have a case for suing for negligence. My father used to also do alot of private structural surveys too but gave it up in the end as the cost of indemnity insurance sky rocketed. I bought him out of retirement for a structural survey on our house though - not sure i can sue him if i find major problems though!!

However it may be worth you getting in contact with the RICS who should advise you where you stand in respect of your case.

Andy

illzlee

To be honest, this is a difficult situation for all parties concerned.

I can see your point JohnGreer that the house you bought has a defect, that was not picked up in the survey.

However, you did not commission a survey, and therefore you have little comeback against the company (colleys). You could try and go after the surveyor and his professional indemnity insurance but can you prove the defect was in place at the time of survey? whilst it is likely that the defect was present and causing 'damage' (due to the long term nature of rising damp) you would find it difficult to prove it was apparent enough to warrant a mention on such a primative survey.

I'm afraid this does boil down to the fact that many people buy houses effectively blind. A valuation survey will only highlight the ABC of defects that are blindingly obvious to everyone. For such an investment as buying a house which is probably the most expensive thing all of us will buy - why not commision a detailed survey? - your comment that:
"the thing is had we known all of this it would have affected our price offered" speaks volumes.
If i looked at buying a car and could see that the tyres were bald, obviously i would offer a lower price. If 2 weeks after i bought it the gearbox gave up and this would have been picked up on say an AA/RAC inspection then it is my fault for not having that done prior to purchase. Same applies to house buying.

A realistic opinion now, from a cynical building surveyor: Tesco will not pay up. A long term defect such as this will not be covered by a standard home insurance policy. Good luck trying to get legal assistance, to be honest i imagine they woud be equally unwilling to be involved.
If you go to court, and stand against colleys saying "a report someone else paid for, didn't see a problem i found 10 months later" you will have the case thrown out. And then some legal fees to find...

I would chalk this one up to experience, and i apologise if any of this seems negative toward your position JohnGreer - but as a surveyor i can see both sides of this situation.

oh, and if you contact your mp/any politician, they will quote chapter and verse about how the hombuyers packs now make things easier/safer etc...

marybishop

Quote from RICS website:-

A lender valuation isn’t a survey. It’s a limited check on the property that your mortgage lender carries out to ensure it’s worth the money they’re lending you.
They’ll probably ask you to pay for the valuation. Lenders may provide a copy of the mortgage valuation to the buyer but it is unlikely to cover items of detail which would be picked up in a survey.
There may be problems in the property that would cost a huge amount to put right – and they won’t appear in the valuation report. This is why it’s really important you have a survey. An RICS surveyor is fully qualified to carry out a detailed survey, before you buy your home.

This is why it’s really important you have a survey.