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

bobilishious

davidmcn said:

bobilishious said:

GDB2222 said:

I don't know any solicitors in Scotland dealing with this, but your google search term is "professional negligence solicitor Scotland". 

It could be *extremely* expensive to sue. Think in terms of £10k-100k, although you may find a NWNF solicitor. Does your house insurance cover legal fees, perhaps? If so, they'll probably want you to use their own choice of lawyers. 

Legal cases like this depend almost entirely on the expert evidence, ie whether an expert surveyor is able to say that your original surveyor was negligent. If, for example, the construction method was disguised/covered up, it might not be the surveyor's fault if he was duped. 

Surely it would be a little simpler given the same surveyor contradicted their own survey from a few years earlier? The burden of proof must be pretty low to prove they are wrong given they have contradicted themselves?

Possibly. You're also assuming that it's the first survey they got wrong rather than the second one!

In any event as above first step would really be to get a second opinion about what would have been reasonable for them to disclose given their remit and what would have been apparent during their inspection of the property.

I got another surveyor to do a survey as well and they agree the 1st report done a few years ago omits quite a lot of information. I also got a structural inspection done which again corroborates that they omitted quite a bit.

davidmcn

bobilishious said:

davidmcn said:

bobilishious said:

Would my mortgage lender not be a bit !!!!!! off they have lent on a property which given the correct information they would not have lent on? I’m not sure I should phone them though as if they deem it’s no longer suitable security what happens then? Can they withdraw my mortgage?

No, they can't "withdraw" their mortgage. They could sue the surveyor if they make a loss on a repossession. Any reason why you want to discuss it with them anyway?

I just assumed that given that the survey they lent on omitted quite a lot of information relevant to their lending criteria they might be a bit miffed they are lending on a property which - if all the information has been disclosed - would be deemed unmortgageable.

They can be miffed all they like, it's a bit late for them to do much about it. Might be different if e.g. the property were deteroriating and there's something you ought to do be doing to sort it.

GDB2222

As far as your insurance is concerned, I suggest you read this:
https://www.financial-ombudsman.org.uk/businesses/complaints-deal/insurance/misrep-and-non-disclosure

I assume the Consumer Insurance (Disclosure and Representations) Act 2012 applies in Scotland? This removes the requirement of "Utmost Good Faith" and generally absolves you in the case of a mistake on your part as a consumer. So, no, your insurance is not voidable by the insurance company. Now you know, you should tell them, and it may alter your premium. It may not make much difference, assuming the construction does not alter the main sort of risks the insurers are covering, ie fire, flood, theft, subsidence.

Finally, are you saying the same surveyors have done the latest surveys as well as the original one? Is that not quite a coincidence?

davidmcn

GDB2222 said:

Finally, are you saying the same surveyors have done the latest surveys as well as the original one? Is that not quite a coincidence?

Pretty commonplace, I would have thought. There aren't going to be huge numbers of firms doing residential surveys in a particular locale. And if you, for example, decide to use the same estate agent who last marketed the property, they're likely to still have links with the same surveyors for the Home Reports.

GDB2222

bobilishious said:

thearchitect said:

If you don't mind me asking, which non-traditional form of construction is it?

It’s Dorran, it was upgraded in the 90’s but don’t have any certification to say it was done correctly.

What sort of upgrade? Some of them had the roof propped up, then the walls were completely replaced. Others had a masonry skin added round the outside. How was yours done?

Hasbeen

bobilishious said:

thearchitect said:

If you don't mind me asking, which non-traditional form of construction is it?

It’s Dorran, it was upgraded in the 90’s but don’t have any certification to say it was done correctly.

I would assume there is no central record base for these certificates? Silly question, as you have probably checked this out
You could get it recertified by PRC structural engineer, but that would be expensive especially if any other works would now be required.

But it might be worth getting an initial quote for an inspection. 

Sorry, as you have stated its apparently the legal route now. And that will be costly as well.

Apologise not very helpful to you I know.

bobilishious

GDB2222 said:

As far as your insurance is concerned, I suggest you read this:
https://www.financial-ombudsman.org.uk/businesses/complaints-deal/insurance/misrep-and-non-disclosure

I assume the Consumer Insurance (Disclosure and Representations) Act 2012 applies in Scotland? This removes the requirement of "Utmost Good Faith" and generally absolves you in the case of a mistake on your part as a consumer. So, no, your insurance is not voidable by the insurance company. Now you know, you should tell them, and it may alter your premium. It may not make much difference, assuming the construction does not alter the main sort of risks the insurers are covering, ie fire, flood, theft, subsidence.

Finally, are you saying the same surveyors have done the latest surveys as well as the original one? Is that not quite a coincidence?

Thank you for that. Will speak with my insurer.

on the surveys I’m probably not explaining myself very well.

Surveyor carried out a survey in 2016 and on the basis of that I purchased the property

im currently in the process of selling and my estate agent instructed the same surveyor to carry out a new Home Report/survey which threw up all these issues.

i since instructed a different surveyor to do yet another Home Report/Survey and they concur with the 2nd more recent version done by the original surveyor.

bobilishious

GDB2222 said:

bobilishious said:

thearchitect said:

If you don't mind me asking, which non-traditional form of construction is it?

It’s Dorran, it was upgraded in the 90’s but don’t have any certification to say it was done correctly.

What sort of upgrade? Some of them had the roof propped up, then the walls were completely replaced. Others had a masonry skin added round the outside. How was yours done?

Had a new brick outer skin added but the concrete is still in situ - I would presume the new outer leaf is load bearing but the plans I have and a visual structural inspection Done by a structural engineer haven’t been able to determine that one way or the other (might have to be a bit more invasive) - all I do know is to get a PRC certificate to satisfy a lender the concrete should have been completely removed when it was upgraded - which obviously hasn’t happened in this case.

bobilishious

Hasbeen said:

bobilishious said:

thearchitect said:

If you don't mind me asking, which non-traditional form of construction is it?

It’s Dorran, it was upgraded in the 90’s but don’t have any certification to say it was done correctly.

I would assume there is no central record base for these certificates? Silly question, as you have probably checked this out
You could get it recertified by PRC structural engineer, but that would be expensive especially if any other works would now be required.

But it might be worth getting an initial quote for an inspection. 

Sorry, as you have stated its apparently the legal route now. And that will be costly as well.

Apologise not very helpful to you I know.

There is a central database for the PRC repairs, I can’t check it myself but a couple of people with access have and can’t find anything - which I believe would be the case.

im going the PRC structural engineer route at the moment - I think it’s even more complex as there is new outer skin which would have to be removed as well - I’ve got a feeling all told I’ll be looking at 6 figures.

Tumtitums

I'm surprised the mortgage lender didnt notice this or did you buy with no mortgage in which case someone else who needs no mortgage will buy it