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Who is to blame? Me/Surveyor/Solicitor
Comments
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My complaint is that I thought I had paid professional people to ensure I was buying what I thought I was buying.
Well, it looks like you probably can't blame your solicitor. I think you should concentrate on the surveyor. Richard said earlier that you could not sue the surveyor because he was employed by the lenders, but I think Richard has changed his view on that. (Perhaps Richard could confirm?)No reliance should be placed on the above! Absolutely none, do you hear?0 -
Well, it looks like you probably can't blame your solicitor. I think you should concentrate on the surveyor. Richard said earlier that you could not sue the surveyor because he was employed by the lenders, but I think Richard has changed his view on that. (Perhaps Richard could confirm?)
My original view is still true to an extent. I think there have been cases where a buyer has succeeded in making a lender's surveyor liable on a valuation report but it may not be straightforward to do so - e.g. you would have to show that a surveyor doing a basic valuation report for the lender (and therefore making a more cursory inspection) would inevitably notice the faults.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 -
Yes, you'd need expert evidence to say that the surveyor was negligent, and that would need to take the type of report and the circumstances it was made into account.
Quite frankly, I'm slightly surprised that valuers don't just do a one line report stating the value, with the rest being standard descriptions of the type of report and the limitations that apply. As soon as they start to describe the property or give their reasons, they are giving a hostage to fortune.No reliance should be placed on the above! Absolutely none, do you hear?0 -
I know I said this earlier, but I feel the need to repeat myself. You need to get the surveyor who you've had round, or one who is experienced in valuing such unusual properties on your estate to tell you if you paid the correct price for the property at purchase. There's no point paying for expensive "litigation solicitors" if you've not actually made a loss.0
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Sorry JQ, I don't understand. It has to be worth less doesn't it? Also, I'm not looking to sell but to get the work done so the cost will be in that rather than a drop in sell on value.0
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Your loss is the lesser of two figures:
1. The cost of putting your house right
2. The reduction in value
For example, it might cost £100k to put the house right, but it might only be worth £50k less. In that case, you would be expected to mitigate your losses by selling and buying elsewhere.No reliance should be placed on the above! Absolutely none, do you hear?0 -
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Hi,
I think someone else did ask but what other documentation did you get from the seller concerning the property, such as property information - that could be highly relevant.
Sellers are asked if the property has been altered, what changes and that alerts solicitors to check for planning etc.0 -
surreybased wrote: »Hi,
I think someone else did ask but what other documentation did you get from the seller concerning the property, such as property information - that could be highly relevant.
Sellers are asked if the property has been altered, what changes and that alerts solicitors to check for planning etc.
It sounds as though the changes were made several sellers back, so the previous sellers may not have known about the alterations in order to declare them.
Definitely worth going through all the paperwork with a fine toothcomb though.0 -
surreybased wrote: »Hi,
I think someone else did ask but what other documentation did you get from the seller concerning the property, such as property information - that could be highly relevant.
Sellers are asked if the property has been altered, what changes and that alerts solicitors to check for planning etc.
It was me that asked these questions, and offered (misplaced?) sympathies.... My post was completely ignored by OP.I love giving home made gifts, which one of my children would you like?
:A 0
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