Building Surveyor- Can I claim negligence?

Tom99

Pennywise wrote: »

Would you really have been happy if the surveyor had just said he couldn't be sure and suggested a structural surveyor? You'd then be coming on here saying what's the point of a "normal" surveyor if all they're going to do is look and suggest someone else has a proper look.

[FONT=Verdana, sans-serif]Of course the OP would not have been happy, paying good money only to be told to pay more money to someone else, but that does not excuse the advice he did give.[/FONT]

[FONT=Verdana, sans-serif]Normally a building survey will consist of three lists:[/FONT]

[FONT=Verdana, sans-serif]1 A long list of things he is unable to comment on, he did not lift the carpet so the floor could be rotten, he is not an electrical or drainage expert so no comment there etc.[/FONT]
[FONT=Verdana, sans-serif]2 Another long list of things that are wrong, mostly these will be average items of wear or lack of maintenance but can be dressed up to sound alarming. Occasionally a serious fault will be identified.[/FONT]
[FONT=Verdana, sans-serif]3 A much shorter list of things he can give you the all clear about. This list is much shorter because he is the expert and therefore must be sure there is nothing wrong otherwise it can fall into lists 1 and 2.[/FONT]

dunroving

Out of interest, what did the seller report on section 4.1(i) of the property questionnaire? (regarding removal of internal walls)? Your redress might be with the seller rather than the surveyor, perhaps?

I don't think respondents are trolling you; they are giving opinions that might help you to think through different points of view that might be raised during any legal case.

stator

I do think he provided bad advice, his job isn't just to guess whether there is a problem or not based on the evidence, but to help you understand if there is a risk of a problem.
Surveyors are usually so risk averse that they will advise you to get everything checked out.

I would definitely pursue this further but I have no idea if you will win or not.

Tom99

jd93 wrote: »

in addition, if anyone has any experience in this situation please can you advise on best next steps.

[FONT=Verdana, sans-serif]If the average building surveyor would have told you 'don't worry mate just fill the crack' then you will lose. But if the average building surveyor would have told you 'the beam or lack of beam, since I cannot be sure there is a beam, could be an issue and there is a risk unless you carry out further investigation' then the surveyor, in theory at least, should be held negligent. Proving that can be both difficult and expensive and there is no guarantee you will win.[/FONT]

[FONT=Verdana, sans-serif]Have you asked the surveyor for details of their professional negligence policy? I am not sure if they are obliged to give you that information, the RICS will know. Once you have that maybe you should approach the insurance company direct because they will be the ones paying you money if you win, again I do not know the protocol for that and again the RICS should be able to tell you. [/FONT]

Tom99

jd93 wrote: »

A chartered building surveyor is the correct person to review a property before purchase.

Yes spot on, and you tell the surveyor about any concerns you have, which you did. The surveyor then says 'Don't worry mate' or 'you need an expert to look at that'. If you started off employing all the sorts of expert you could possible think of because you had some sort of concern you would spend a fortune. You employ the building surveyor to narrow that down to those issues where you really do need to employ the structural engineer, electrician or whoever.

fezster

Given most surveyors absolve all responsibility by saying that they advise to get a specialist in, I'd say your surveyor has made a major error by categorically saying this is just cosmetic. He is the professional and should be giving suitable advice. If he now says he couldn't have been expected to have known the extent of the remedial work required without removing wallpaper, then that is what he should have advised on his report.

I have no idea how successful you'd be in pursuing him for damages, but I'd hazard a guess that his indemnity insurance will probably settle based on the advice he gave you.

I should also say that having had various works done involving rsj's, I doubt very much this work would cost you anywhere near "tens of thousands of pounds", based on what you have described.

Doozergirl

I think you have had poor advice. It's standard to tell buyers to ask for approval certificates and it costs a surveyor nothing to recommend further assessment by an SE either. I would persue.

However, the house can't be devalued by £10,000s because the actual work to create an opening is, speaking reasonably, less than £2,500 including a structural engineer's calculations, full building control approval and proper plastering.

Your costs still won't be more than that. The movement can be filled at the cost of almost nothing once the wall is supported correctly.

So you need to be careful how you spend your money at this point. No point employing a solicitor at £250 an hour, for example.

Oh and you're not bring trolled. It was someone's genuine opinion. I disagree with it, but I respect it as having cone
from conviction.

Alias_Omega

Hi Op,



Your first post is so big that most will skip over it.



What actually do you want to happen from all this?

Good luck,

Ectophile

We understand our options are to sue the surveyor, but we understand the time and cost makes this almost impossible for a first time buyer.

If the cost to fix the problem comes in under the limit for the small claims procedure, then it may not be as expensive as you think.


Find out how much it will cost for a builder to fix the problem to the structural engineer's specification. If it's under £10 000, then it can be a small claim.

Tom99

Ectophile wrote: »

If the cost to fix the problem comes in under the limit for the small claims procedure, then it may not be as expensive as you think.
Find out how much it will cost for a builder to fix the problem to the structural engineer's specification. If it's under £10 000, then it can be a small claim.

[FONT=Verdana, sans-serif]That is certainly a possibility but you will probably have to employ an expert witness, I would think, to back up your case. The Judge will not be a surveying expert and will come to a decision based on the evidence produced by both sides. However you may find the surveyors insurance co make an offer if they know you are going that route.[/FONT]