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Homebuyers drainage survey didnt find blocked drain
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The agreement didn't include consideration so it isn't a legally enforceable contract.
I have a statutory right for them to complete the work with adequate competence and not to be negligent, therefore it doesn't really matter if there are T&Cs attached. There are some easily quantifiable and obvious damages from the point our original contract was made - I was buying a house so the results of the survey would definitely affect its market value.
The "consideration" is the money you paid the surveyor, so if you paid the surveyor, you will have a legally binding contract. This is in your favour as far is your case is concerned.
You may have to prove that some of the terms and conditions the surveyor has in their contract are not a valid ones. It is not unknown for surveyor's terms and conditions to be tested by the courts, but it can be a costly process if you lose your case.0
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