Pulled out of buying, vendor asking for Survey

Albala

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.

You remind me of people I have to explain copyright law to. They often say 'I've never heard of anyone being sued for that sort of breach'. Then I have to explain a) I have, and the penalties can include things like businesses going bankrupt (I have known at least one business fold because of such a claim), b) they seldom get as far as the court, as they are so cut and dried they get settled out of court before it gets to court, and c) it is so common, that, for example, photographers can make more of their income from claims for copyright offences than from their actual photography.


My advice? As the surveyor. They may allow you to sell it, they may allow you to but only if they get a cut. They may point you to their T&C's and say NO. Their call. Not yours. Ours had a strict T&C about not showing it, but gave us permission to use it in a court hearing, for example, when we asked. Always best to ask.

Albala

billy2shots wrote: »

I’m fully aware that they are not trying to renegotiate which makes things even more pedantic.

The not sharing clause is more likely to cover the surveyor themselves. It’s not clear if this is a Home Buyer survey or not. If it is a HB then the person carrying out the survey may not have the most knowledge in the world given the fairly low requirements needed to fulfil that role. Releasing the document for other professionals to pick a part would not be in the surveyors best interest.

Does anyone have any information on the number of people who have had action taken against them for sharing a survey?:rotfl::o

Rip out the relevant pages or photocopy them and pass it on. Stop being a money grabber.

Let’s spin this on its head. A surveyor and a buyer that has pulled out have knowledge of an issue regarding a property. That issue causes injury or death down the line. The vendor wasn’t aware of the issue and nobody could have disclosed the problem due to a ‘no sharing ‘ clause. Lol

I’m off to watch a DVD round a friends house. Oh wait I can’t do that as the movie studio will prosecute my friend.

Live a little peeps.

That's the sort of lousy barrack-room lawyer advice that leaves other people in trouble.

Ask the surveyor before you share anything, or on your own head be it. It's only a ruddy phone call, why not just ask?

billy2shots

Albala wrote: »

That's the sort of lousy barrack-room lawyer advice that leaves other people in trouble.

Ask the surveyor before you share anything, or on your own head be it. It's only a ruddy phone call, why not just ask?

Did you see my post directly above your first one?

Moneysaving222

1) the vendor might renegotiate
2) you can recover some costs

Both one and two won’t work imo

Kentish_Dave

I’m with those who say to give it to them for free.

They’ve just lost a house sale, which will have been a real kick in the teeth to them and probably want to know what they now need to do to get the house up to spec to stop it happening again.

I think that the decent thing to do is to just hand it over.