Pulled out of buying, vendor asking for Survey

need_an_answer

The survey is intended for your purposes you bought it.By all means tell the vendor the areas of it that concerned you...but Im with Hazy and the other Joe...its not something that you should look to sell on to the vendor.

It might seem tempting to try and recoup some of the money you spent on it,but there is more than likely a clause in the terms that says its not for resale or passing on in its entirety

DCFC79

OP what were the issues ?

davidmcn

need_an_answer wrote: »

there is more than likely a clause in the terms that says its not for resale or passing on in its entirety

I've never heard of any legal action happening because of such a term being breached, and I'm not convinced there would actually be a legal remedy. The main point of such clauses is to make clear to any third party that the surveyor doesn't owe them a duty of care.

TBagpuss

I think the issue is that the surveyor wants to be absolutely clear that they have no legal liability to any third party.
I don't think sharing the report is necessarily an issue.

If you are definitely not going to buy the house, andwouldn't buy even iof the seller ofered to reduce the price to take into account the issues in the survey, then you have nothing to lose by letting them see it (or the relevant parts)

If the sellers have been generally reasonable then why not let them see the relevant secttions? It's fairly common to provide the relevant parts to a seller, if you are looking to negotiate on price, for instance.

MoneySeeker1

Personally, I certainly wouldn't give the survey to the vendor.

Reason being because, if the vendor had pointed out the problem areas identified in the first place, then I wouldn't have proceeded with having a survey in the first place. So I'd be rather annoyed at having paid for a wasted survey basically and, as a result, the vendor could have the survey from me (if it was legal for me to do so), but they would have to pay me full price for it.

At least that way I would get back the money I'd just wasted, because the vendor had kept schtum about those issues.

need_an_answer

davidmcn wrote: »

I've never heard of any legal action happening because of such a term being breached, and I'm not convinced there would actually be a legal remedy. The main point of such clauses is to make clear to any third party that the surveyor doesn't owe them a duty of care.

Absolutely,but if the OP were to charge the vendor for the report that may imply to the vendor that they have paid for something whereby they could "expect" to discuss the findings with the surveyor who produced it.

Outlining the contents of the report is one thing...charging the vendor for it is totally different

Whilst there probably isn't legal challenges made from the surveyors point of view they don't charge their customer for a service and then have that report sold on several times though maybe several interested parties during the sale of a property....once the vendor buys it in this case,what might he then do with it?potentially try and sell it on to the next purchaser,cheaply…
It opens up the whole idea of selling on something that the OP in this case now has no need for...

supa34

What did the survey pick up?

I'm very dubious about surveys as they tend to very unambiguous and contains wotd such as "may, could, might". They also only cover what eyes can see.

Like others have said alot of people use the survey to renegotiate and I think surveyors know that so tend to give a surveyor a buyer wants so it won't really help the seller.

davidmcn

need_an_answer wrote: »

Absolutely,but if the OP were to charge the vendor for the report that may imply to the vendor that they have paid for something whereby they could "expect" to discuss the findings with the surveyor who produced it.

In which case I'm sure the surveyor would be prepared to readdress the report to them for a price, and then enter into discussions.

It's pretty commonplace for surveys/reports to be shared around in commercial transactions (where everyone knows whether or not they're entitled to rely on them), and if you look online at the reports submitted with planning applications I'm sure you'll find plenty there with dire warnings about publishing them...

need_an_answer

davidmcn wrote: »

In which case I'm sure the surveyor would be prepared to readdress the report to them for a price, and then enter into discussions.

It's pretty commonplace for surveys/reports to be shared around in commercial transactions (where everyone knows whether or not they're entitled to rely on them), and if you look online at the reports submitted with planning applications I'm sure you'll find plenty there with dire warnings about publishing them...

The point i'm getting at is the OP seems to be questioning should he sell the document...presumably to try to recoup some of the money he spent on it now hes not proceeding..if I'm wrong then perhaps the OP would clarify...

I don't see surveys having a second hand value in the same way you would sell your unwanted items on ebay to the highest bidder or for a set price.I f there were the facility to do that, I would have already expected a few EA's to have tapped into that market.


"Shared around " is different to financial consideration being the factor that releases the document to others.

Surrey_EA

MoneySeeker1 wrote: »

Personally, I certainly wouldn't give the survey to the vendor.

Reason being because, if the vendor had pointed out the problem areas identified in the first place, then I wouldn't have proceeded with having a survey in the first place. So I'd be rather annoyed at having paid for a wasted survey basically and, as a result, the vendor could have the survey from me (if it was legal for me to do so), but they would have to pay me full price for it.

At least that way I would get back the money I'd just wasted, because the vendor had kept schtum about those issues.

You're assuming that all vendors have a completely comprehensive technical knowledge of their property, and would automatically be aware of all issues that a surveyor may uncover.

In my experience I think that's unlikely to be the case.