Litigation against surveyor and conveyancer - how to find a decent solicitor?

bobilishious

So, I’ve got a property issue in Scotland. I purchased a house in 2017 with no issue but have gone to sell this year only to discover it is non-traditional and we don’t have any documents which would make the property mortgageable. The surveyor made no mention at all of the non-traditional nature of the property in the home report I purchased on. I’d obviously like to try make a claim against the surveyor as we are now stuck in an unsaleable house - I’m not sure my conveyancer has done anything wrong as there was not a single note made by the surveyor in the standard conveyancing notes (points they are to check), so could I use my Conveyancers litigation department to pursue them or is that a conflict of interest? If not does anyone have any advice how to find a suitable solicitor for this type of litigation?
many thanks for your time

ChewyyBacca

Isnt that also the legal responsibility of the seller to disclose?

davidmcn

bobilishious said:

So, I’ve got a property issue in Scotland. I purchased a house in 2017 with no issue but have gone to sell this year only to discover it is non-traditional and we don’t have any documents which would make the property mortgageable. The surveyor made no mention at all of the non-traditional nature of the property in the home report I purchased on. I’d obviously like to try make a claim against the surveyor as we are now stuck in an unsaleable house - I’m not sure my conveyancer has done anything wrong as there was not a single note made by the surveyor in the standard conveyancing notes (points they are to check), so could I use my Conveyancers litigation department to pursue them or is that a conflict of interest?

It's not a conflict of interest unless you wanted to sue your solicitor. You don't seem sure that you don't want to, but I can't see a reason why you would - unless you think your solicitor somehow knew more about the method of construction than anybody else.

davidmcn

ChewyyBacca said:

Isnt that also the legal responsibility of the seller to disclose?

In answer to which question? It's not on the standard Home Report questionnaire - and would be a bit redundant given that the surveyor comments on what the method of construction is (and is generally going to have a better idea than the seller).

Thrugelmir

Did the surveyor report misdescribe the construction of the property? 

Hasbeen

Was there any mention in your free supplied Scottish home report "Single survey" that the seller pays for? Would be a different surveyor? surprised neither picked up on this. So two surveyors perhaps liable?

Sorry. You need to discuss with a professional / solicitor that deals with these cases.

As per the link at bottom or others that you think would be better for you.

For info only:

"The Single Survey will include a surveyor's assessment of the condition of the property and a valuation.  The Single Survey has generated much controversy, including correspondence in the Journal of the Law Society of Scotland.  One concern expressed in the past queried whether a purchaser could rely on the survey, and sue the surveyor if the survey was negligent. 

Such doubt as may exist has been addressed by The Housing (Scotland) Act 2006 (Consequential Provisions) Order 2008  – passed at Westminster, and published last week.  This statutory instrument provides that if the surveyor's report is not based on an inspection of the house; or has not been prepared in a fair and unbiased way; or has not been prepared with reasonable skill and care then a purchaser who suffers loss as a result is entitled to damages."

These seem to advertise a lot around here: https://www.slatergordon.co.uk/professional-negligence/surveyors-negligence/

Someone more expert will be along shortly.

 

davidmcn

Hasbeen said:

Was there any mention in your free supplied Scottish home report "Single survey" that the seller pays for? Would be a different surveyor? surprised neither picked up on this. So two surveyors perhaps liable? 

Buyers generally rely on the Home Report - the whole point of them is to avoid duplicating costs unnecessarily.

blue_max_3

You might be better just trying to sell it. If you get involved with litigation, it may frighten future buyers off.

Hasbeen

davidmcn said:

Hasbeen said:

Was there any mention in your free supplied Scottish home report "Single survey" that the seller pays for? Would be a different surveyor? surprised neither picked up on this. So two surveyors perhaps liable? 

Buyers generally rely on the Home Report - the whole point of them is to avoid duplicating costs unnecessarily.

Sorry.  Would that be the one the seller pays for? Assume from your post it is?  or the one the OP has paid for?

Here, most buyers appear to rely on the free home report given to them by the seller. To save spending money I assume.

davidmcn

Hasbeen said:

davidmcn said:

Hasbeen said:

Was there any mention in your free supplied Scottish home report "Single survey" that the seller pays for? Would be a different surveyor? surprised neither picked up on this. So two surveyors perhaps liable? 

Buyers generally rely on the Home Report - the whole point of them is to avoid duplicating costs unnecessarily.

Sorry.  Would that be the one the seller pays for or the one the OP has paid for?
Here, most buyers appear to rely on the free home report given to them by the seller. To save spending money I assume.

The Home Report is the name for the single survey / sellers' questionnaire / EPC which the seller has to get before they put their property on the market in Scotland (not to be confused with the Homebuyer Report, which is what RICS call their level two survey).

bobilishious

blue_max_3 said:

You might be better just trying to sell it. If you get involved with litigation, it may frighten future buyers off.

I did try sell, had several offers on the property one of which was accepted and come time to get the mortgages all the lenders “5 of them” all have stated it’s unmortgageable.