E.Surv - Anyone else found them utterly useless?

[Deleted User]

Hi All

Posting out of frustration more than anything else. I'm trying to buy a new build flat, using Halifax as the lender. They have commissioned E.Surv to conduct a valuation and they have been utterly useless, the valuation was initially supposed to take place on the 22nd August, but twice the valuer has booked a visit and did not turned up.

They finally turned up last week but jumped to a whole bunch of false assumptions. There are solar panels on the development's roof, which the valuer claimed are leased (despite being shown evidence that they are not), they claimed that made the property unsuitable as security for a mortgage. They then tried to say that there are onerous conditions on the lease which means it is not suitable security for a mortgage due to doubling ground rent in the lease (there is no doubling ground rent in the lease, which has been proven to them by both the developers and my own solicitors, it is capped at a maximum of an RPI increase, reviewed every ten years), they are now still refusing to give a valuation whilst they "review" things, nor any date when they will conduct this review by.

In my specific block there are 15 flats, 7 have already completed, three of those with Halifax, a further 6 have exchanged, two more of those with the Halifax. Yet I've been stuck in limbo for nearly three weeks with no sign of progress due to a valuer who won't do their job.

I'm aware that I can submit a formal complaint to RICS, which I will do once everything is done and dusted (I don't want to make enemies until I have the valuation) and will aim to get the specific valuer thrown out of RICS as I believe that they have almost certainly breached two and possibly a third of RICS rules of conduct. But is there anything else I can do. So far I've worked out that it has cost me about three hours, my broker about six hours and both parties solicitors four hours to get this far, can I invoice them for my time, enforce a refund of my fee?

I've absolutely had enough of the valuer and E.Surv, who seem to be seeking to deliberately sabotage the sale, if anyone has any advice it would be appreciated!

Matt

edgex

Why not just write directly to the Halifax, with all the property evidence, stating that they are to make the decision themselves. If they are unable to do so, they are to appoint an independent RICS member surveyor.

eddddy

Before considering a formal complaint, it might be worth making sure you know who's at fault.

For example, regarding the ground rent terms:

Surveyors don't read leases, so somebody must have told the surveyor the ground rent terms.

Usually your solicitor would tell your lender, your lender would tell the surveyor.

So, for example, are you sure that your solicitor gave the right info? (And it's also possible that the lender got it wrong, rather than the surveyor.)


The same applies for a solar panel lease - it would be your solicitor that provides that info to the lender. And the lender informs the surveyor.


Edit to add...

Or I guess it could be your mortgage advisor who put the incorrect info on your application.

[Deleted User]

The broker has already written to them to ask them to commission a different valuer, however they say that they have to complete the process with the first valuer before they can commission a second. E.Surv are RICS members but RICS will not intervene, only deal with a complaint after the fact.

[Deleted User]

Before considering a formal complaint, it might be worth making sure you know who's at fault.
For example, regarding the ground rent terms:
Surveyors don't read leases, so somebody must have told the surveyor the ground rent terms.
(I've put your quote in italics as I'm unsure how to quote text)
This one didn't either, hence she came up with the doubling ground rent rubbish. She was sent a copy of the lease as she asked for it to make sure there were no clauses in it in relation to the solar panels.
Usually your solicitor would tell your lender, your lender would tell the surveyor.
Both solicitors, mine and the sellers are unsure what she is doing and why she is getting involved in things that are in their remit to check.
So, for example, are you sure that your solicitor gave the right info? (And it's also possible that the lender got it wrong, rather than the surveyor.)
I've asked to be copied in and/or sent copies in relation to my solicitor and yes the information is correct. I've also got copies of the valuation reports where it is the valuer refusing to give a valuation.
The same applies for a solar panel lease - it would be your solicitor that provides that info to the lender. And the lender informs the surveyor.
My solicitor has supplied the information to the valuer which shows that they are not leased and have no impact on me, the issue is as soon as they corrected that issue (and send the lease to confirm there were no clauses in relation to them) she came up with the ground rent issue, they asked where she got the doubling ground rent issue from, which the valuer has then come back and said they need to review the valuation. Three days later and they still won't submit a valuation.

What I find odd is that the valuer made the assumption they were leased, but didn't ask anyone, just refused the valuation, then when shown she was wrong made another spurious claim about the ground rent, which she has also been proven wrong on, and is now saying there is a need to "review" and has been hiding behind that for three days whilst still refusing to submit a valuation.

I've got the developer saying that they haven't had any problems with the other flats (OK, they would say that), the mortgage broker/IFA saying he's never had anything like this before, my solicitors saying that they have never had anything like this before and the developers solicitors (though mine) saying that they have never had anything like this before. That's really why I'm totally stumped (and fed up).