Incorrect report by Surveyor

vnmd

Hi Guys, I recently completed purchase of my house. This is 1963 house and had a subsidence on extention which was fixed and Certificate of Structural Adequacy (COSA) was available. Due to the state of property and history, we decided to do Full Building Survey. Contacted a surveyor and bookedin Survey. In the meantime my father passed away and I got busy. Post the receipts of Survey report we got CCTV survey done for drainage. All came ok. We completed the purchase. Once we got house we started noticing cracks on internal walls some places (surveyor said no cracks and also given green signal on Structural condition). Ee also noticed a slope in living room. When we got the builders come in for doing updation work etc, one of the builder noticed faulty brickwork etc. I went back to the Survey report and to my horror I noticed that the Surveyor sent me Homebuyer's report and not Full Building Survey report. Some cracks and the slope is so easily seen. Clearly the surveuor was negligent in providing me a wrong report and not identifying cracks/slopes. Do you think it is possible to bring action against Surveyor. Can i get compensation for possible reduction in market price price of the property due to possible subsidence. How can I go about it? Any advice will be helpful.

phill99

Why is the surveyor 'clearly' negligent?

Davesnave

Which kind of report did you pay for?

If this is different from what you say you instructed the surveyor to do, then is there anything in writing to prove that you instruction was not carried out?

vnmd

Hi Davesnave. They had given me option two options - Home Buyers Report (cheaper option) and Full Building Survey. They also sent me sample reports. I paid for a Full Building Survey and got Home Buyer's report from them!. I have emails instructing them for full building survey. I just cant believe that they can do this !

vnmd

Hi @Davesnave. They had given me option two options - Home Buyers Report (cheaper option) and Full Building Survey. They also sent me sample reports. I paid for a Full Building Survey and got Home Buyer's report from them!. I have emails instructing them for full building survey. I just cant believe that they can do this !

lincroft1710

Unfortunately you are partly to blame as you did not notice it was the wrong type of survey. Possibly your only recourse would be a refund of the difference in price between the 2 types of survey.

vnmd

Hi lincroft1710 thanks for your reply. I understand but it is not every day I see these report to realise difference between them. I had instructed them to tell me about structural quality and they failed to do it. Isnt it enough to prove negligence?

G_M

I think OP may have a stronger case than previous posters suggest.

vnmd wrote: »

....... we decided to do Full Building Survey.
OP says booked and paid for full survey.


... ...we started noticing cracks on internal walls some places (surveyor said no cracks and also given green signal on Structural condition).
So surveyor missed cracks either
* negligence, or
* because he failed to provide the service paid for (full survey)


Ee also noticed a slope in living room.
I assume survey missed this too? See point above

When we got the builders come in for doing updation work etc, one of the builder noticed faulty brickwork etc.
as above

...the Surveyor sent me Homebuyer's report and not Full Building Survey report. Some cracks and the slope is so easily seen. Clearly the surveuor was negligent in providing me a wrong report and not identifying cracks/slopes. Do you think it is possible to bring action against Surveyor.

I believe so.

The surveyor may argue that a Homebuyers report is less detailed so might not be expected to spot these issues (though that is in itself debateable), but in that case it was his failure to provide the report you actualy paid for that was responsible.

You should claim your consequential losses. eg

* repairs/rectification works and/or

* loss in value of property - though this will be impossible to quantify until you sell

The surveyor will initially deny responsibility (he has to under the terms of his professional indemnity insurance). If you pursue the matter, he'll refer it to his insurer. They may pay out and settle, or may require you to go to court.

You will [STRIKE]probably[/STRIKE] need a report (it will cost you!) by another surveyor.

vnmd

Thank you @G_M. In the report they provided they clearly mention "The structural condition of the property is otherwise satisfactory. We found no evidence of any significant cracking or current settlement/subsidence or structural movement and no indication to suggest that the foundations are defective or inadequate to the main dwelling."

Do you think I should raise claim and then get another structural engineer or should I get another strucutral engineer report first before I make claim.

Should I use lawyer to make a claim?

ACG

lincroft1710 wrote: »

Unfortunately you are partly to blame as you did not notice it was the wrong type of survey. Possibly your only recourse would be a refund of the difference in price between the 2 types of survey.

Rubbish!

The OP asked for a building survey and paid for it.

Yes they should have picked up on it, but I would imagine if it went to court is the judge going to side with an individual who maybe sees 3-4 (max) of these reports in a lifetime or a company who was paid to do a job in a professional capacity and did not deliver?

I am not a legal expert, but I know who my money would be on and I would expect the surveyors to have a similar outlook.

Make a complaint, tell them what you want to put it right.
As GM says, you should get a new report and also some quotes for the work.

PhilE

Sorry to hear of your fathers loss, and I believe some posters on this thread should have more sympathy, or be silent.

You've asked for one type of survey and were given another. Also, in my experience a surveyor doing the homebuyers will notice and comment on cracks. The surveyor has been negligent, have a chat with citizens advice.

In the meantime, get yourself a good surveyor to do the full structural survey. Follow his/her recommendations and pass the observations on to the builder.

Small cracks dont necessarily mean a serious problem, a bit of movement in a house is to be expected.

The drains being clear is a good sign, make sure that your gutters are cleaned, in good working order and all rainwater is flowing to a drain or soak away some distance from the house, and not not near your foundations.