Foundations of house in Spain

Area51_3

Hi all

We have a house in Spain which suffered earthquake damage and then developed extensive cracking at one end of the house

We have recently won an extended battle with our insurance company to get part of our house rebuilt - instead of merely patching up (stitching etc)

The house (like all Spanish houses over a certain age) does not have what we in the UK would term as "traditional" foundations

Does this mean that our insurance company is not obligated to pay out in the event of future problems with the remaining portion of the house?

We had a surveyor pronounce the property structurally sound before moving in (which it was before the earthquake)

Should the surveyor have dug down to inspect foundations?

Our insurance company insured us under those terms, so I presume the house is covered in the event of further issues?

Thanks for your input

Area51_3

anyone have any advice

sorry to bump this thread but I'd really appreciate some help

huckster

Area51 wrote: »

1) Does this mean that our insurance company is not obligated to pay out in the event of future problems with the remaining portion of the house?

We had a surveyor pronounce the property structurally sound before moving in (which it was before the earthquake)

2) Should the surveyor have dug down to inspect foundations?

3) Our insurance company insured us under those terms, so I presume the house is covered in the event of further issues?

1) Why do you think they would not pay out for future problems? Have they told you this? If not then you would presume that you have cover for the Insured perils listed in your policy.

2) Not necessarily. If you are not happy with the surveyors inspection and recommendations for the work required, you should pay for another survey to be completed. Ask for a copy of the surveyors report, so your own surveyor can offer an opinion on the comments of the other surveyor.

3) Yes should be. They would have to tell you if they were going to vary the terms of the Insurance.

Area51_3

Thanks for that

As I'm sure you know, surveys are carried out much less frequently in Southern Europe than in the UK

Our insurance company has grudgingly settled a much larger sum than they first offered and insisted that we sign a disclaimer about the re-built part of the property - i.e. we cannot claim in the light of future problems with that repaired section.

However the older part may well start to show signs of damage(we reported cracks during the claim process) and I am concerned that because the foundations have been found to be sparse at best (like most houses here over a certain age, they tend to be built on very little actual foundation as we know it) that the Insurer may try to wriggle out of stumping up if underpinning for example were to be found necessary

The surveyor is unfortunately deceased, which obviously is a dead end (excuse the pun)

Most people don't even get a survey here when buying, due to the fact there are so few actual qualified professionals offering this service

We ticked the box that said we'd not had a survey when we took out our insurance (by mistake) and the insurer covered us, so I wonder if I'm worrying unecessarily...

huckster

You should deal with this with a view to any future problems that might crop up if you ever tried to sell the house.

Not sure I would be happy signing the disclaimer without getting some legal advice. What if the repairs were found to be inadequate?