Confidentiality - or lack of it

ConfusedDep

Placed offer on house which was accepted on basis of “no surprises in survey”. Got initial survey done which raised a couple of issues I was not aware or. (As well as many I was).

One of the points raised required investigation by structural engineer. I decided to pay so that I would have “ownership” of the information rather than ask seller for contribution (house is in probate so it has been a long battle to get to this stage).

Structural engineer picked up keys from EA on Friday and completed survey then. It was as I suspected to do with the bay windows, which need replaced. I found this out this morning when speaking to the engineer who was out of the office and would not be returning to late afternoon.

I went to EA lunch time to arrange to borrow the keys so I can get quotes to do with the windows and before I say anything they said ooo good news about the survey glad it is not serious. I feigned ignorance and said I have not had the report yet but it is quite obvious that the engineer has reported back to them. In fact when I came out of the EA I saw the main contact I have been dealing from the EA and he reiterated the good news and it is quite clear they are less likely to negotiate as they do not feel it is an issue.

I am now fuming as I do not feel the engineer had any right to divulge the information. Will wait to kick off big time after I have got the report but not sure how it can be resolved that I am now in a weaker negotiating position. "A sorry we should not have done it does not seem enough".

LisaLou1982

I dont really see your quarm here. Are you saying that you want to reduce your offer on the property?
If you wanted to do that based on info from the survey then the EA would have asked to see the survey as proof that the surveyor has advised that extensive works need doing. Obviously you are not under any obligation to provide it to them but the vendor is highly unlikely to accept a reduced offer when youre not prepared to prove that work needs doing.
Its common for surveyors to let EAs know about the survey. They wont give them the written report or anything, but a "yes everything seems to be ok" "its not too bad" or "bl00dy hel* it needs work!" responses are very common.

globalds

I would be upset if a report I paid for was made available to any body else without me giving the OK.

I would have specified this to the engineer as part of my requirement.But I would have expect it as part of client confidentiality.

I think you have a complaint to take up with the the engineer.

You will need to think how this effects your negotiations and whether it changes the way you play it.

ConfusedDep

He appears to have gone into much more detail than this.

I may reduce my offer, and may agree to pass on the report at a future date but would not have passed on the report without having a basis of negotiation first. At the moment I could pull out and they could say to next buyer (if they find one) that it's ok last buyer had a survey done just go round the corner and speak to "such and such a bloke".

As far as EA is concerned there is no problem despite the fact that two large bay windows will need replaced.

If I am paying for information then he should not have discussed it, end of. The EA does not work for me they work for the seller if I wanted the report shared that is my decision to make not the engineers.

clutton_2

dont be so prickly.. as someone else has said.. if you want to renegotiate the price they will want to see the report anyway....

tbs624

Disagree with Clutton's & LisaLou1982's views, timing is relevant here and the OP has engaged the SE and paid for his services - check out the code of conduct at the ISE ( Inst. of Structural Engineers)

"Guidance note 1 – General conduct
1.1 The list that follows gives examples of conduct by members that may be regarded as breaching the Laws of the Institution. The list is not intended to be exhaustive................Disclosing confidential information;......Disclosing the contents of a report to parties other than the client, without the client’s express permission"

Check up on the SE's professional memberships and take him up on his actions. Mutual back-scratching between EAs and financial advisors, solicitors, building firms,surveyors/etc is not unknown.

tbs624

ConfusedDep wrote: »

As far as EA is concerned there is no problem despite the fact that two large bay windows will need replaced.

If I am paying for information then he should not have discussed it, end of. The EA does not work for me they work for the seller if I wanted the report shared that is my decision to make not the engineers.

It's not for the EA to decide that "there is no problem" - as you say, he acts for the vendor and is protecting his/her interests. It may be that you have already got a very good price, even allowing for the necessary work, but houses are obviously only worth what a buyer is prepared to pay, once in possession of survey and or other necessary reports.

Zazen999

ConfusedDep wrote: »

He appears to have gone into much more detail than this...If I am paying for information then he should not have discussed it, end of. The EA does not work for me they work for the seller if I wanted the report shared that is my decision to make not the engineers.

Correct, and I'd be on the phone first thing asking how the EA knew all about the 'confidential report' that I had paid for. I wouldn't be asking the Engineer, I'd be asking the Boss.

poppysarah

Just make sure you get good quotes for sorting out the structural problem with the bay windows.
Not just cheapy windows but ones that will do the job they need to. Did the engineer give you any calculations or figures for window people?

princeofpounds

There are two avenues here. One is suing for damages in court. You are unlikely to be able to do so because proving a loss will be exceptionally difficult.

The other is an official complaint to the surveyor, followed up by one to his professional body if appropriate. Client confidentiality, as pointed out, is one of the standards of the profession. I am not sure if you will get much except an apology, maybe a refund on the survey if you push it.

HappyMJ

What did you expect the engineer to say when he dropped the keys back to the EA? It's probaby a general chat. They will know each other they probably see each other on a regular basis when picking up keys for other clients. It'll come up at some point "How'd the survey go". "Oh it's nothing too serious" and so on.... so what.