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RICS Surveyor - Dubious Conduct?
Hudsot
Posts: 7 Forumite
Hello all
Having listed our 1990s house for sale, we recently found a buyer.
Mortgage valuation survey passed off without event, however the buyer then asked for a Homebuyer's Survey, and of course we gave our consent.
However, the buyer has since withdrawn their offer, saying that their RICS surveyor told them verbally that there was "structural movement" of our house. Their surveyor told the same thing to our estate agents. No further explanation nor justification.
We are led to understand that the surveyor has provided the buyer with verbal feedback only - saying that if a written report was *not* required by the buyer for our house, then the surveyor would discount the buyer's survey on the next house he was interested in. This seems more than unethical to me, and an easy way for an unscrupulous surveyor to make more money through exploiting the buyers concerns via exaggerated/misrepresented 'findings'.
I was of the impression that all RICS Homebuyer Surveys had to be in writing and to a specific format, so that all findings were documented, traceable, and justified?
A few problems with this:
1) we are as certain as laypeople can be, that our house has no structural issues - all floors, windows, lintels, roofline is level. There are no cracks in the external masonry, and literally only a few hairline cracks in internal plaster that have been there from the time the house was built - I believe this is known as 'settlement' and is not normally regarded as a matter for concern. We are utterly mystified as to the surveyors claims of 'structural movement'. However on the offchance that there is an issue which is not visible, we want to know what it is, so that we can rectify it.
2) we are prepared to instruct a chartered structural engineer, at our own cost in an attempt to prove or disprove whatever 'findings' the surveyor has made. However before doing so, our structural engineer has said that he needs a copy of the surveyors written report, which we are not in a position to provide - as the surveyor has effectively incentivised the buyer not to purchase this. The buyer has also refused permission for us to speak to the surveyor directly (the surveyor has refused to discuss with us due to client confidentiality), saying that they just want to move on from it.
3) however, we are now legally obliged to tell any future prospective purchasers that there has been a 'bad survey' completed on our house, and to provide specific details - despite being completely mystified as to what these details are, and seemingly having no way to find out. How can we therefore comply with this legal requirement? How can ANYONE comply with this legal requirement since the surveys are all client confidential?
We are at our wits end
and if anyone has any advice to give or has been in a similar predicament we would love to hear from you.
Having listed our 1990s house for sale, we recently found a buyer.
Mortgage valuation survey passed off without event, however the buyer then asked for a Homebuyer's Survey, and of course we gave our consent.
However, the buyer has since withdrawn their offer, saying that their RICS surveyor told them verbally that there was "structural movement" of our house. Their surveyor told the same thing to our estate agents. No further explanation nor justification.
We are led to understand that the surveyor has provided the buyer with verbal feedback only - saying that if a written report was *not* required by the buyer for our house, then the surveyor would discount the buyer's survey on the next house he was interested in. This seems more than unethical to me, and an easy way for an unscrupulous surveyor to make more money through exploiting the buyers concerns via exaggerated/misrepresented 'findings'.
I was of the impression that all RICS Homebuyer Surveys had to be in writing and to a specific format, so that all findings were documented, traceable, and justified?
A few problems with this:
1) we are as certain as laypeople can be, that our house has no structural issues - all floors, windows, lintels, roofline is level. There are no cracks in the external masonry, and literally only a few hairline cracks in internal plaster that have been there from the time the house was built - I believe this is known as 'settlement' and is not normally regarded as a matter for concern. We are utterly mystified as to the surveyors claims of 'structural movement'. However on the offchance that there is an issue which is not visible, we want to know what it is, so that we can rectify it.
2) we are prepared to instruct a chartered structural engineer, at our own cost in an attempt to prove or disprove whatever 'findings' the surveyor has made. However before doing so, our structural engineer has said that he needs a copy of the surveyors written report, which we are not in a position to provide - as the surveyor has effectively incentivised the buyer not to purchase this. The buyer has also refused permission for us to speak to the surveyor directly (the surveyor has refused to discuss with us due to client confidentiality), saying that they just want to move on from it.
3) however, we are now legally obliged to tell any future prospective purchasers that there has been a 'bad survey' completed on our house, and to provide specific details - despite being completely mystified as to what these details are, and seemingly having no way to find out. How can we therefore comply with this legal requirement? How can ANYONE comply with this legal requirement since the surveys are all client confidential?
We are at our wits end
and if anyone has any advice to give or has been in a similar predicament we would love to hear from you. 0
Comments
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No reason why you couldn't get a structural engineer to provide an assessment of your house, without reference to the other surveyor's non existent report. We did this for my MIL's house after she passed away, as there were some cracks across ceilings and gaps around skirting boards that hadn't been redecorated in a long time - we wanted to make sure there wasn't any structural issues to address before selling. We provided this report to the purchasers, albeit fully aware that they would get their own surveyors to do a survey as well - can stop potential purchasers from instantly dismissing your house.
I'm struggling to see why a surveyor would risk making up things just to get another job, the money involved really isn't worth taking the risk.0 -
Me too - but also struggling to understand why his report hasn't automatically been put in writing, and why he has used this to offer a discount on the next valuation he does for this buyer.0
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From a business perspective it makes sense.Me too - but also struggling to understand why his report hasn't automatically been put in writing, and why he has used this to offer a discount on the next valuation he does for this buyer.
Surveyor saves time by not writing up report. Buyer saves the full cost on a house he's decided not to buy. Surveyor gets to survey next property.
Whether this contravenes the RICS code of practice I don't know - you can look it up as easily as me!
Sadly as the OP/seller has no legal relationship with the surveyor there's not a lot he can do, other than, as suggested, getting his own survey or structural engineer's report for future peace of mind.0 -
I did already look up the RICS procedure for Homebuyer reports and what I took away from that, was that they do need to be put in writing.
We can of course just commission the structural engineer without reference to the verbal surveyor report that we dont know the details of.
But that still doesnt get around the issue that we are now legally obliged to tell all prospective purchasers that we have had a bad survey, together with the specific details of that survey.0 -
Lol, I guess that's the way to look at it ..:rotfl:
If it's not on paper, it doesn't exist, right?0 -
Even if a written survey had been done the former buyers would be under no obligation to give you a copy.0
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Isn't this is a vague comment by a surveyor rather than a survey? It is unfair on you to cast doubts on your property without substantiating them.But that still doesnt get around the issue that we are now legally obliged to tell all prospective purchasers that we have had a bad survey, together with the specific details of that survey.0 -
I did already look up the RICS procedure for Homebuyer reports and what I took away from that, was that they do need to be put in writing.
We can of course just commission the structural engineer without reference to the verbal surveyor report that we dont know the details of.
But that still doesnt get around the issue that we are now legally obliged to tell all prospective purchasers that we have had a bad survey, together with the specific details of that survey.
You havent had a survey and there are no specific details, that after all is your complaint.0
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