Building surveyor issues - they're asking me to waive their liability for "goodwill"

JellyGaz

When applying for my mortgage I elected to purchase a building survey on top of the mandatory home valuation. (The expensive £700 survey, on top of the valuation)

The Home Survey neglected to mention the condition of one of the ceilings, which had a small recess, with visible convex bowing of the plaster around the recess.

Upon occupying the property and using the shower, water began leaking through the recess.

In retrospect it's obvious; the visible queues, and the location of the bathroom (directly above the affected area) make the signs of a water leak obvious, but it was not covered in the report, so the house was purchased on the inference that all the ceiling needed was a bit of plaster to make right.

Upon discovery that the damage was more than cosmetic, I contacted my home insurance, however they were unable to help after deeming the damage to be pre-existing.

So I turned to the surveyors and made a complaint. After a bit of back and forth with them they are offering a "goodwill" payment, if I sign a disclaimer that essentially waives any and all liability on their part in regard to the report that I purchased.

The "Goodwill" payment (around £600) doesn't come close to the cost of righting the damage that the report failed to identify.

During the back and forth with the surveyors, I managed to get my home insurer to overturn the decision, amusingly by showing them the bad report. As a result I have managed to get full remedial work carried out, sans excess of 250 as it was a damage due to escape of water claim.

Because i have been fortunate enough to have the damage corrected on my insurance policy, i am tempted to just sign the waiver and take the "Goodwill" payment.

So to the reason of this post, I guess I am looking for assurance that I am doing the right thing?
Is there anything I should be aware of in a situation like this?

Thanks guys and gals

kinger101

So you're insurance have paid out and you're out of pocket by £250. And now you want £600 for the surveyor. If you sign a waiver, and subsequently found they've missed out something else rather major (e.g. subsidence), you'd have no comeback.

Personally, I'd be forwarding all correspondence to the RICS.

G_M

So you will now be paying higher premiums every year for your insurance.

The 'goodwill gesture' was a clear indication that the surveyors recognised they were at fault. You should have

* not pursued the insurance claim
* not accepted the goodwill gesture
* got 3 quotes for all remedial work to plumbing and making good plaster and anything else
* forwarded all 3 to the surveyors and given them a time limit (14 days?) to pay the cheapest quote in full

JellyGaz

Yes all great advice in hindsight, but what about now?

Is their any point putting more pressure on the surveyor now that i have had the work righted by my insurance (they have no knowledge of this currently)

I'm a little uncomfortable singing a waiver for the whole report too, would be better if it was just for the area under scrutiny.

bitsandpieces

£600 isn't even a refund of the cost of having the report done? If you thought it was worth paying £700 for the report at the time, I can't see how signing a waiver to get £600 back makes sense - as you say, what if they've missed something major?

G_M

I would now agree to sign the waiver provided

1) they refund the £250 insurance excess
2) refund the cost of the original survey in full (£700) since you will no longer be able to rely on it should other issues arise
3) they refund the difference in next year's insurance premium resuting from having made a claim (speak to the insurer to find out)

Or ask the insurer to pursue the surveyor for the full cost of the claim.

ReadingTim

The waiver is standard - it's to stop you taking the money off them, then pursuing the complaint anyway. You'll have to sign one, whatever you agree with them, otherwise they won't give you anything.

What they give you is entirely up to what you negotiate and agree with them. There are no set rules. However, I don't think you'll get far along the insurance route - that was your choice to claim on your insurance, and you should know any claims come back to haunt you in terms of excess amounts and higher premiums next year.

Ultimately, you have to decide whether to settle or take it further. You might want to look up what you might be awarded if your complaint is successful to see if it's worth it - often it's more damaging (reputational damage mainly, they'll have professional liability insurance) for the firm than profitable for the individual - after all, complaints are dealt with by the professional body, and all professional bodies are formed to look after their own.... Morally, victory will be yours. Financially....less so.

So, your call. Just don't risk cutting off your nose to spite your face.

JellyGaz

Thanks G_M i will take your advice and present those demands to the surveyor as they seem fair and reasonable.

I will give then with the stipulation that if they are not met, i will refuse to sign the waiver and advise my insurer to pursue them for costs.

Blakey74_2

By Signing the waiver or asking for the full costs of the report back your maybe stopping your rights to pursue the surveyors if in a few months you find out the house is suffering from a serious structural issue etc.

If the waiver you are signing relates only to the issue your claiming for that is one thing but if signing away you rights against any further issues then I would be careful