Update - maybe I won't be pulling out - could surveyor be wrong??

milliebear00001

Me again,

I had my surveyor call me a few days ago and warn me off the house I am trying to buy saying it has an asbestos roof and almost certain progressive movement.

After telling the agent I'm pulling out, she came back to me today to say vendor is adamant the roof is not asbestos, and that the cracking is only thermal (which is what my valuation surveyor also said). She has offered to get a structural survey done to reassess the property.

Now I'm in a spin. Could my surveyor possibly be completely wrong about these two issues? If the new, structural survey comes back clear, would I have any redress if I were to buy the house and later have issues?

Thanks (again!)

giddypenguin

I know that the surveyor can be liable for any costs you incur due to them not spotting something - not sure if this works the other way round. If the owner pays out for another survey then I would suggest you finding and instructing a surveyor then her repaying you - a bit dodgy going with a survey which is done by the homeowner.

clutton_2

if you reallly want the house.. get your own structural survey done...

some surveyors are rubbish.. like all professions..

milliebear00001

I can't justify paying for a structural survey on top of the other costs I've incurred - especially as it may simply confirm what my other surveyor found. The vendor is paying for a structural survey, but wants it in her name so she can use it in future if I pull out and future buyers' surveys come up with similar issues. I think that's understandable.

Guess I will wait and see what the structural report says. I am viewing some more houses tomorrow anyway.

giddypenguin

milliebear00001 wrote: »

I can't justify paying for a structural survey on top of the other costs I've incurred - especially as it may simply confirm what my other surveyor found. The vendor is paying for a structural survey, but wants it in her name so she can use it in future if I pull out and future buyers' surveys come up with similar issues. I think that's understandable.

Guess I will wait and see what the structural report says. I am viewing some more houses tomorrow anyway.

So your not willing to pay out anymore on the house you've made an offer on, but your willing to view other houses and pay out all over again? That doesn't make sense to me. I'm not sure that the survey done by the homeowner will be of any use. If it does turn out to be asbestos, you'll have to pay to get it removed and will have no come back as the surveyor you instucted warned you about it, and the one the vendor instucted is not liable to you.

Ulfar

Which survey did you have originally done valuation only, home buyer report or structural survey. If it was one of the first two they are a waste of time where the sorts of problems you have described come up. You need to get a structural survey done.

Its no good getting the buyer to do one as the surveyor will not be liable to you and probably won't even talk to you as you aren't the client. In addition he will be working on behalf of the buyer, this itself is a problem.

quietheart

We had something similar and the buyer got a structural survey done. A year later more cracks appeared, we phoned the structural engineer and he was straight out was really helpful and monitored the cracks. They didn't change (4 yrs on now) but overall I wish we'd listened to the original surveyor as we uncovered many problems that had been covered up.... I can't imagine a surveyor imagining an asbestos roof...

milliebear00001

Well, I'm going to wait until the vendor's survey comes back and have a good look at hers. If it simply confirms what my surveyor has already said, I will already be well underway with other viewings and I will walk away having lost no further money. If it contradicts my surveyor's findings, then I may get my own structural survey done to confirm there are no major problems and will then, hopefully, have peace of mind that I have redress if problems arise in the future.

sonastin

I think that the seller's surveyor may have a duty of care to you, even though you aren't the one he has a contract with. I think that on the basis that he has been instructed to clarify the situation as part of the sale process, he knows that you are relying on his professional skill and so you can sue him for negligence if he gets the report wrong even without having contracted with him directly. But this is an area of law that is particularly difficult to understand so I might have got things a bit wrong.

Ulfar

sonastin wrote: »

I think that the seller's surveyor may have a duty of care to you, even though you aren't the one he has a contract with. I think that on the basis that he has been instructed to clarify the situation as part of the sale process, he knows that you are relying on his professional skill and so you can sue him for negligence if he gets the report wrong even without having contracted with him directly. But this is an area of law that is particularly difficult to understand so I might have got things a bit wrong.

Sorry but you do have this wrong. The surveyors contract is with their client, their liability insurance will not cover the properties future owner(s).

I would be highly suspicious of any survey commissioned by the vendor that comes back clean.

poppysarah

milliebear00001 wrote: »

I can't justify paying for a structural survey on top of the other costs I've incurred -.

Well you wouldn't be able to justify the possible repairs expense either.