Any advice on surveyors negligence claim?

Milliewilly

Emma_Dilemma wrote: »

There are many examples in tort law where surveyors have been sued by a third party interest with regard to duty of care. Especially in residential sales where it is established that up to 75% of homebuyers rely on a mortgage valuation. such examples are :

Hedley Byrne v Heller & Partners Ltd and Smith v Eric S Bush

And also the fact that the surveyors report clearly states that that he acknowledges a duty of care to the lender and the applicant.

I know I have a good case against both, I just dont know who would be considered most at fault and I am sure I can't sue both !!!

No you can't sue both. I would sue the Surveyor (I see we have already had a post about the valuation survey nonsense).

If you pursue the Council they will point you in the direction of your Surveyor. If you are happy to spend the time doing this then there's no harm but I don't think you will get anywhere. Your Surveyor was not obliged to ring the Council merely for the valuation survey but he should have spotted that the construction was non standard as this directly affects the value.

The significant drop in value is what gives you the claim on the valuation as the Surveyor has failed in his duty of care.

Did you pay for the Survey - if you did then there is (recognised in Law) a direct contract between you and the Surveyor even though he was surveying on behalf of the lender really not you.

A better bet is to sue your Surveyor - they pay from their insurance then they can issue what's called a 'Part 20' claim against the Council if they wish.