Possie small claims process

Marks1970

Twelve months ago we used a surveyor to carry out a HomeBuyers survey on a property we were thinking of buying. We were maxing out on our mortgage and wanted to make sure there was no medium term financial outlay following purchase. The survey came back with a couple of issues but mostly nothing too urgent. We decided to purchase the property based on the report, however once moved in it became apparent that a number of issues with the property weren't picked up within the report or the survey was factually incorrect e.g.bno mention of a window that had been bricked up on the inside but not on the outside or were the survey dyated that the soffits and fascias were all plastic where in actual fact most of them were wooden and in need of replacement. I took the company to the Ombudsman and FRICS. The Ombudsman recognised 4 failings but coulld only award a nominal fee to me as per there guidelines. The FRICS route noted that there were failings by the company but not in the public interest to prosecute.
The total costs of repair or remedy of the issues the surveyor failed to pick up in his survey is on the region of £10,000. The problem is that we do not have the funds.to get the works done and then claim.

My question (eventually) is whether I can take the surveyor to a small claims court to claim against costs for repair before financial outlay??

LadyDee

Just get 3 written estimates from reputable tradesmen, present them to the surveyor's insurers for them to agree to pay for the work to be done by the tradesman of their choice and, failing that, inform them by letter that you are making a claim against the surveyor/his insurers in the small claims court to enable you to get the work done.

Keep_pedalling

Did you pay for a full structural survey?

How does anyone miss something like the bricked up window? That should have been obvious to you let alone the surveyor. .

DoaM

A Home Buyer's survey doesn't usually include a full structural survey, but OP will need to confirm exactly what they commissioned.

However the Ombudsman and FRICS (RICS?) findings should support any claim.

pinkshoes

Which survey did you pay for?

How much was it?

What did the T&Cs say about limitations of the report?

davidmcn

How has the figure of £10k been determined?

Have you taken into account what wasn't within the remit of the survey (or specifically mentioned as being unable to be examined)? They're probably also entitled to deduct any elements of betterment.

It's not simply a question of making your shopping list of repairs out of everything not mentioned in the survey, and then sending them the bill - I mean, you can try it as a first attempt, but bear in mind what you're realistically entitled to.

Keep_pedalling

You also need to be careful about the cost of repairs. Who has told you the soffits and facias need replacing? If it is company selling you more expensive (but horrible) replacement plastic ones then be prepared to have the need for replacement challenged, or for them to pay only for like for like replacement if they accept that replacement is required.

waamo

Have you had a second professional survey done? It sounds like you have but it's best to check.

You would appear to have a very good case given there are findings against the surveyor by the professional governing body. Indemnity insurance should cover this.

Marks1970

We did get a couple of quotes but haven't taken it further apart from Ombudsman and RICS. Will get another couple and follow up with surveyor.
Thank you.

Marks1970

Thanks to everyone for your comments. The survey was a HomeBuyers which we wanted and upgraded from a valuation survey. The survey missed more detail than shown above and included the following:
1. The window being visible on outside but plastered over on the inside;
2. No mention of 4 large holes in the waterproof membrane of the roof. Easily visible from the loft hatch 'a head and dhoukders' inspection;
3. Surveyor stated that all the facias and soffits had been replaced with uPVC, in fact only a small section in the front had the rest was wood. Again easily visible from the ground;
4. No mention of a handful of missing roof slates;
5. Mentioned that the large shed to the rear needed ' general maintenance' where in fact there were 3 huge holes, big enough to drop an adult through!

We have had two quotes for all the works required that were missed by the surveyor and the total is just above or below £10k depending on the builder.
All of these were obvious on the day of inspection and not hidden by other materials
My main reason for wanting to pursue the surveyor is that they promoted the Homebuyers to help us:

1.make a reasoned and informed decision on whether to go ahead with buying the property
2. take account of any repairs or replacements the property needs; and

The survey failed these two points dramatically.

Manxman_in_exile

What I understand to be a HomeBuyers survey may not be adequate if you want to avoid buying a property with expensive defects. Especially if you are maxing out the mortgage.


What do the T&Cs say are excluded from the survey? I looked at our T&Cs for the first time several years (I know!!!) after buying our current property, and was very surprised to read what was excluded.


FWIW we've lived in this house for over 20 years. We wanted a full structural survey (built c.1911, Grade II Listed) but our surveyors told us it wasn't necessary! Fortunately it's never been a problem and our only expenditure has been on routine maintenance to be expected for an older property.


(And as somebody else has mentioned, why didn't you, let alone your surveyor, fail to spot the "half bricked-up" window?).


Apologies if this seems critical or unhelpful.