We’d like to remind Forumites to please avoid political debate on the Forum.
This is to keep it a safe and useful space for MoneySaving discussions. Threads that are – or become – political in nature may be removed in line with the Forum’s rules. Thank you for your understanding.
PLEASE READ BEFORE POSTING: Hello Forumites! In order to help keep the Forum a useful, safe and friendly place for our users, discussions around non-MoneySaving matters are not permitted per the Forum rules. While we understand that mentioning house prices may sometimes be relevant to a user's specific MoneySaving situation, we ask that you please avoid veering into broad, general debates about the market, the economy and politics, as these can unfortunately lead to abusive or hateful behaviour. Threads that are found to have derailed into wider discussions may be removed. Users who repeatedly disregard this may have their Forum account banned. Please also avoid posting personally identifiable information, including links to your own online property listing which may reveal your address. Thank you for your understanding.
📨 Have you signed up to the Forum's new Email Digest yet? Get a selection of trending threads sent straight to your inbox daily, weekly or monthly!
The Forum now has a brand new text editor, adding a bunch of handy features to use when creating posts. Read more in our how-to guide
Who is to blame? Me/Surveyor/Solicitor
Comments
-
Apologies, i don't think i'm making my point very well. i didn't pay for a more in depth survey, therefore if someone tells me my roof is leaking and I need a new one I take it on the chin. If they tell me that i have dry rot I take it on the chin................but to be told I didn't even buy a house??????
You asked a Q in your OP and are getting pretty consistant replies. However they are not the replies you hoped for.
"Who is to blame here?
Is it me ( because I didnt pay for a full structural survey, i just wanted the basics i.e. is it a house??) Yes.
Is it the surveyor - he has said the house has 2 floors, 4 bedrooms and has not been converted. We have the copy but we paid for the bank to have it done so did we enter into a contract with him??? No you have no contract with him.
Is it the solicitor who did the conveyancing and failed to spot a bungalow turning into a house. No for the reasons already given... several times.
0 -
If I make any other purchase i am protected by the trades descriptions act (i.e. goods as described) but the biggest purchase most people ever make, you use a solicitor and I have less protection than if Argos sold me a 2 slice toaster when it should have been 4???????????0
-
If I make any other purchase i am protected by the trades descriptions act (i.e. goods as described) but the biggest purchase most people ever make, you use a solicitor and I have less protection than if Argos sold me a 2 slice toaster when it should have been 4??????????
Other posters are going to get more and more cross with you because you keep missing the point! And you still haven't explained why you think the solicitor should have found out if you didn't have a survey.
You pay your solicitor to make sure that the legal side of of the purchase is OK. You pay a surveyor to see if the building is OK and has been built properly. Solicitors always advise their clients to have a survey over and above the valuation provided by the lender.
If you had had a proper survey then it is very likely that your surveyor would have discovered the substandard work and would have reported that it appeared that aloft conversion had taken place and it had been done in a substandard manner. You would have shown that survey to your solicitor who would then have asked all kinds of questions of the seller's solicitors. The seller might not have known the answers but armed with the survey the solicitor would have insisted that the seller sorted the matter out. If he couldn't or wouldn't then you would have been advised not to go ahead. It might have ended up with your seller trying to find someone to blame - perhaps he never had a survey when he bought!RICHARD WEBSTER
As a retired conveyancing solicitor I believe the information given in the post to be useful assuming any properties concerned are in England/Wales but I accept no liability for it.0 -
You asked a Q in your OP and are getting pretty consistant replies. However they are not the replies you hoped for.
"Who is to blame here?
Is it me ( because I didnt pay for a full structural survey, i just wanted the basics i.e. is it a house??) Yes.
Is it the surveyor - he has said the house has 2 floors, 4 bedrooms and has not been converted. We have the copy but we paid for the bank to have it done so did we enter into a contract with him??? No you have no contract with him.
Is it the solicitor who did the conveyancing and failed to spot a bungalow turning into a house. No for the reasons already given... several times.
You do have a contract if you paid for the survey with the surveyor even a valuation paid via your mortgage lender. I have posted many times on this and no one ever listens.0 -
You do have a contract if you paid for the survey with the surveyor even a valuation paid via your mortgage lender. I have posted many times on this and no one ever listens.
It is a weaker case but, yes, you might be able to prove that the fault was so obvious to any surveyor making even a cursory inspection for a lender that he should have spotted it. I think it would be difficult but it may be the only hope you have. However it will be an uphill struggle.
The point remains though that you should have had at least a Homebuyer's Report.RICHARD WEBSTER
As a retired conveyancing solicitor I believe the information given in the post to be useful assuming any properties concerned are in England/Wales but I accept no liability for it.0 -
Richard, I do get your point about the solicitor not having any visibility of alterations. (Maybe i just don't want to hear it!).
I just can't get out of my head though the fact that a 'basic' survey should highlight 'basic facts'. Facts as revealed by my surveyor today who told me it was obvious that the house was altered as the ceiling heights would not have met regulations at the time of the build.
I also understand your view on a structural survey highlighting an issue with the conversion and if I had bought a house with an obvious alteration and had not had a full survey and then had an issue with it I would accept it but the facts are I didn't buy the 'product' which I was led to believe I was buying.
Once again I apologise for not just accepting the point and going away but please understand I am having a REALLY bad day with this coming out of the blue!!0 -
I cannot see what your argument is.
You bought a 4 bed house, the fact that it was a 2 bed at sometime in the past is irrelevant.0 -
Richard, I do get your point about the solicitor not having any visibility of alterations. (Maybe i just don't want to hear it!).
I just can't get out of my head though the fact that a 'basic' survey should highlight 'basic facts'. Facts as revealed by my surveyor today who told me it was obvious that the house was altered as the ceiling heights would not have met regulations at the time of the build.
I also understand your view on a structural survey highlighting an issue with the conversion and if I had bought a house with an obvious alteration and had not had a full survey and then had an issue with it I would accept it but the facts are I didn't buy the 'product' which I was led to believe I was buying.
Once again I apologise for not just accepting the point and going away but please understand I am having a REALLY bad day with this coming out of the blue!!
I sympathise - when I sued a valuation (yes valuation) surveyor 3 years in he wrote back and said there had been a quote 'cataclysmic' event since the survey was carried out and I took occupation of it eg an earthquake :rotfl:
I laugh now but at the time this was the pathetic dross that was being sent to my solicitor in an attempt to make me run out of money and drop the claim by costing me £500 a month in legal fees for 4 years.0 -
How did your story end? Did you come out on top?0
-
You compromised your home when you decided not to pay a few hundred quid for a proper survey.I appreciate the idea and if I felt this was self inflicted I would look at doing it this way. The way i feel at the minute though is why the hell should I compromise my home when I purchased in good faith?
Sellers of duff property like this are just waiting for the buyer who wants to save a few bob, and they’re off with your dosh.0
This discussion has been closed.
Confirm your email address to Create Threads and Reply
Categories
- All Categories
- 354.5K Banking & Borrowing
- 254.4K Reduce Debt & Boost Income
- 455.5K Spending & Discounts
- 247.4K Work, Benefits & Business
- 604.2K Mortgages, Homes & Bills
- 178.5K Life & Family
- 261.7K Travel & Transport
- 1.5M Hobbies & Leisure
- 16.1K Discuss & Feedback
- 37.7K Read-Only Boards