Scottish home report inaccuracies, what can I do?

barbarafloyd

Hi,

I bought my house just under 2 years ago and since then have discovered that 2 things were not pointed out in our Scottish home report.

1 - The back wall to our garden was actually falling down! We have since removed most of it and put up a fence and it has only just occurred to me that the home report should have told us about it
2 - The attic has had its head height cross beams removed (a long time ago). But if I were to sell I would at minimum incur the cost of a letter of comfort from the council.

Can I complain about this? If so is it to the company that wrote the home report or an external body? Are they likely to do anything about it or am I just wasting my time? I tried to complain to the law society about a lawyer in the past and found that they were just covering each other's back, can't be bothered with the hassle if surveyors have a similar set up.

thanks for your help

Skinto_7

Barbara,

Think you are onto plums on this one.

The home report is basically a visual survey, and not an intrusive or structural one and as far as i am aware does not offer any warranty/gaurantee that could be claimed against the author or companies PI Insurance.

If you had got structural survey done you would have had more of a chance but dont think you will with the home report.

googler

If it took you 2 years to notice, why would you think a surveyor, spending (say) 30-40 mins at the property, would pick them up?

You were obviously happy with the state of the fence when you viewed the property, or you wouldn't have proceeded.....

barbarafloyd

but surely a survey should have pointed out that major structural work was carried out in the attic? the eason I questioned it is that I have just had my own home report done with a view to selling and the surveyor was surprised that this would not have been mentioned in my origional home report.

Does anyone out there know of an ombisman that should be used when questioning the Scottish home reports please?

thanks!

googler

Govt guidelines on surveyor liability to buyers, referring to Surveyor Ombudsman Scheme;

http://www.scotland.gov.uk/Topics/Built-Environment/Housing/BuyingSelling/Home-Report/buyers/advice

... And the Surveyor Ombudsman Service;

http://www.sosadvice.org.uk/

The legislation says; at http://www.legislation.gov.uk/uksi/2008/1889/article/3/made


Liability for a prescribed survey report

3.—(1)!If the buyer of a house has–

(a)obtained a copy of a prescribed survey report under section 99(1) of the 2006 Act in respect of that house; and
(b)suffered material loss as a result of the report not meeting any of the requirements in paragraph (2),
the buyer has a right to damages against the person who prepared the report.

(2)!The requirements are that the prescribed survey report–

(a)is based on an inspection of the house;
(b)has been prepared in a fair and unbiased way;
(c)has been prepared with reasonable skill and care.
(3)!For the purposes of this article, material loss has been suffered when–

(a)the market value of the house on the date of the prescribed survey report is materially lower than the value given in the prescribed survey report; and
(b)the buyer has paid more than the market value of the house.

---

So you have to prove a 'material loss' for your action to succeed..... Which may be difficult since you seem to have removed one of the elements you found faulty....