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

davidmcn

Tumtitums said:

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

There's no reason why the lender would know any better than the OP - they're both (generally) using the same survey.

Yes sure, somebody will buy it at some sort of price, it's the potentially big drop in value which is the problem.

bobilishious

davidmcn said:

Tumtitums said:

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

There's no reason why the lender would know any better than the OP - they're both (generally) using the same survey.

Yes sure, somebody will buy it at some sort of price, it's the potentially big drop in value which is the problem.

The property is over 500k so the chances of having a cash buyer at that sort of level who is willing to take a risk on it I’d say is essentially nil.

bobilishious

Has anyone ever seen a circumstance where the surveyor actually accepts some liability? I was just wondering it was worth appealing to them and just asking what they would suggest to rectify this mess? Or is that fairly pointless? Just thinking out loud!

davidmcn

bobilishious said:

davidmcn said:

Tumtitums said:

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

There's no reason why the lender would know any better than the OP - they're both (generally) using the same survey.

Yes sure, somebody will buy it at some sort of price, it's the potentially big drop in value which is the problem.

The property is over 500k so the chances of having a cash buyer at that sort of level who is willing to take a risk on it I’d say is essentially nil.

Well, that's kinda my point. It's not worth over £500k if nobody's willing to pay that much. But no property is unsellable - it's worth whatever you can sell it for.

Thrugelmir

bobilishious said:

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?

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.

Was it an issue in 2016 for the lender? 

newsgroupmonkey_

Spot the people who didn't actually read the thread

bobilishious said:

Has anyone ever seen a circumstance where the surveyor actually accepts some liability? I was just wondering it was worth appealing to them and just asking what they would suggest to rectify this mess? Or is that fairly pointless? Just thinking out loud!

The surveyor will need to pull on their PI insurance. No insurer is going to pay out based on "because someone asked nicely". They'll be funding the surveyor's solicitor fees!

davidmcn

Thrugelmir said:

bobilishious said:

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?

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.

Was it an issue in 2016 for the lender? 

The lender would have (probably) been relying on the same survey as the OP, so they wouldn't have been aware of any issue.

GDB2222

The PI insurers want to minimise their total spend. That is the spend on paying the claim plus legal fees for both parties. They have bags of experience doing this, and their usual approach is to wear the claimant down. The legal process for something like this takes a long time, and eventually the strain will get to you.

At some point, you will be under great pressure to settle for a fraction of your claim. Indeed, if you appoint a solicitor on a NWNF basis, they may effectively be able to make that decision on your behalf. 

You should be aware that, even if successful, you will be heavily out of pocket, I’m afraid.

blue_max_3

A similar thread from a few years ago. Maybe helpful. https://forums.moneysavingexpert.com/discussion/5538415/just-found-out-my-house-is-of-non-standard-construction-liability-of-seller-agent/p1

davidmcn

blue_max_3 said:

A similar thread from a few years ago. Maybe helpful. https://forums.moneysavingexpert.com/discussion/5538415/just-found-out-my-house-is-of-non-standard-construction-liability-of-seller-agent/p1

Not all that similar, as that was someone who never even saw a survey.