Selling on survey

System

Guest101 wrote: »

that aside, I'd say it's very unlikely to be covered by copyright. Typically these clauses simply prevent a 3rd using the report to go after the surveyor.

If that's the case what use is a survey that doesn't have any back up at all?
I would much prefer to pay a couple of hundred quid more to get a survey where the surveyor is accountable to me, rather than pay a third party for a survey where the surveyor is both unknown to me and unaccountable for the content.

david1951

Guest101 wrote: »

Im not an expert on copyright law, but im certainly unaware of any criminal offences - can you link to the legislation.

I'm not an expert but will give it a go:

http://www.legislation.gov.uk/ukpga/1988/48/section/1

It is a literary work.

http://www.legislation.gov.uk/ukpga/1988/48/section/17

See subsection (2).

http://www.legislation.gov.uk/ukpga/1988/48/section/107

See subsection (1)(a).

eddddy

I agree that seeing another buyer's survey report would be interesting, even if you can't rely on it, but...

If your survey was done by a RICS firm, you probably agreed to the RICS standard t&cs, including:

The report is for your private and confidential use. You must not reproduce it completely or in part. Third parties (with the exception of your professional advisers) cannot use it without my express written authority.

So if you sell the report, or even give it away, you may be in breach of contract.

And if you make a copy of it, you will also be beaching the surveyor's copyright.


Obviously, the surveyor may never find out... but if the other buyer is a bit 'dopey' and contacts the surveyor about something in the report...

westernpromise

When we bought our current house it was after the original intending buyer, who dropped out, had had a survey done. We bought the report cheap, but from the surveyor, along with the usual guarantees. He got to sell the same bit of work (and exposure) twice, but he couldn't sell it for full whack because in that case we could have just instructed another surveyor.

I don't see how a buyer can ever sell on the report. They always carry disclaimers saying nobody else should rely on them, so they provide no assurance.

Guest101

the_r_sole wrote: »

If that's the case what use is a survey that doesn't have any back up at all?
I would much prefer to pay a couple of hundred quid more to get a survey where the surveyor is accountable to me, rather than pay a third party for a survey where the surveyor is both unknown to me and unaccountable for the content.

Exactly, which is why I said the OP isn't selling a survey, simply a report.

silvercar

We sold the report of our survey. We asked (and got) half what it had cost us. Did it through the estate agent. The new buyers paid the EA and we passed the EA the report, the EA then completed both sides of the transaction.

It was a 16 page home buyers report rather than a full survey. The new buyers were in a rush to outbid another potential buyer who had already surveyed, that is why they wanted our report in a hurry.

Slinky

Thank you Silvercar. I guess a lot of this is down to the purchasers circumstances and their attitude to risk. And whether they are buying cash so no mortgage company is involved.

The EA know the reasons we were pulling out weren't survey related, they also know the surveyor as he's local to them and does a lot of work in the area. It could be a time pressure situation here as there were several interested parties when we originally had our offer accepted.

greenbee

Guest101 wrote: »

Im not an expert on copyright law, but im certainly unaware of any criminal offences - can you link to the legislation.


that aside, I'd say it's very unlikely to be covered by copyright. Typically these clauses simply prevent a 3rd using the report to go after the surveyor.

David1951 has provided the detail. Here's the gov.uk explanation.

https://www.gov.uk/guidance/intellectual-property-crime-and-infringement

Piracy, which includes copying, distribution, importation etc of infringing works, does not always require direct profits from sales - wider and indirect benefits may be enough along with inflicting financial loss onto the rights holder.For example possession of an infringing copy of a work protected by copyright in the course of your business may be a criminal offence under section 107 (1)(c) of the Copyright, Designs and Patents Act 1988.

The piece in red is what's relevant here.

I've just come off a call where we've been discussing the different penalties applied by the courts to paper-based and electronic copyright theft.

Guest101

greenbee wrote: »

David1951 has provided the detail. Here's the gov.uk explanation.

https://www.gov.uk/guidance/intellectual-property-crime-and-infringement

Piracy, which includes copying, distribution, importation etc of infringing works, does not always require direct profits from sales - wider and indirect benefits may be enough along with inflicting financial loss onto the rights holder.For example possession of an infringing copy of a work protected by copyright in the course of your business may be a criminal offence under section 107 (1)(c) of the Copyright, Designs and Patents Act 1988.

The piece in red is what's relevant here.

I've just come off a call where we've been discussing the different penalties applied by the courts to paper-based and electronic copyright theft.

Interesting - so presumably the argument against selling would be that by selling this report the surveyor has 'lost' a potential client? - but that would be difficult to prove given there's no guarantee the buyers would use him or her for the survey, or indeed carry one out at all.

david1951

Guest101 wrote: »

Interesting - so presumably the argument against selling would be that by selling this report the surveyor has 'lost' a potential client? - but that would be difficult to prove given there's no guarantee the buyers would use him or her for the survey, or indeed carry one out at all.

I would argue that there is no need to prove any wider or indirect benefits, since the OP would be making a direct profit from selling someone else's work.

If the surveyor ever found out...