Selling a survey on

petelumsdon

First time poster ,

I was wondering if anyone knows the legality of selling on a survey , we recently put an offer in for a house but when it came back it had major issues to the exterior walls and roof that we did not pick up on , so we pulled out of that and moved on to another property ( awaiting the survey back on that, so fingers crossed ) the estate agent rang me up asking for a copy of the survey ( which I thought was extremely cheeky , as I had just spent £700 on it just to find out issues that the vendor would have clearly know about ) and in my haste and anger I said no but they could have it for half the price I paid .

is it ok for me to sell it on , I’m not spiteful but I don’t like the idea that I’m out of pocket and the estate agents are trying to get the survey for free just to sell the house on again ( thus saving for the new buyer . Can they legally use the document if it doesn’t have their name on it? 

Any help mighty appreciated 

FinallyStoppedLurking

You'd need to see what the terms and conditions are with your surveyors. 

pbhb

I would speak to the surveyor and ask. I am currently purchasing a survey from a previous buyer i which the sale fell through. I recently had a sale fall through and the agent asked for a copy of the survey, I said no, not unless he pays for it. I spent £600 on it so why should the sellers get it for free? I asked my surveyor if she was happy for me to do this and she was. I sold it for £400.

davidmcn

petelumsdon said:

Can they legally use the document if it doesn’t have their name on it? 

They won't be able to rely on it without the surveyor agreeing to readdress it. The surveyor may well agree but I expect they will want a fee.

Tracet74

The survey is confidential to you and should not be sold on or passed to another party.  This also covers liability as no third party would have a path of recourse in the event of an issue.

greatcrested

There's no legalreason not to sell i on.

As explained, the buyer would be able to use it purely for information and would have no legal come-back against either you nor the survyor for any errors or oversights in the survey.

If the buyer is happy topay you, go for it.

Thrugelmir

Why would the vendor know all the issues contained in the surveyors report? The survey has no value to you now. 

petelumsdon

As an update my surveyor is willing to readdress it and give me a refund of £150 but is charging the new vendor £500 (they know how to make money ) but even in the report it says they have no legal recourse , so even if I went through with it and there was worse damage there would be nothing I could have done , ergo would that not be the same if I sold the survey direct to the new vendor I.e. legally they are in the same position if they have it re addressed or get it direct from me , the only way I can see it being a problem is if the mortgage company wants it in their name ( I was a cash buyer so I’m unaware of the mortgage process ) 

davidmcn

petelumsdon said:

even in the report it says they have no legal recourse 

Eh? What exactly does it say?

greatcrested

No idea why you went to the surveyor.

Instead of you getting half the cost from the buyer (£350), the surveyor is getting £350 (500-150). Just for changing a name, re-printing it, and putting it in an envlope (or email).

Mind you, you're lucky - the surveyor could have cut you out and offered the buyer direct a discounted survey and earned themelves £500!

petelumsdon

They aren’t allowed to share my information because of Gdpr , I didn’t go to the surveyor I initially said to the EA that the new vendor could have it for half the price , they wanted proof that I had it done ( which I thought fair ) so I sent them the receipt and I think the EA usurped me and went straight to the surveyor , I just want to know if a mortgage will take a recent survey that’s in someone else’s name ?