Sale fallen through but vendor using our survey

loubwhyte

We have recently shared our full structural survey with the sellers as there were a number of issues and we wanted to renegotiate the price.

The sellers were not prepared to accept the findings of the survey in respect of renegotiating the price and the sale has now fallen through.

However their EA has advised that they are now working through the work identified with a view to relisting the property at a higher asking price as a result.

Do we have any recourse given they are using the findings of the survey we provided and paid for - particularly as they using it not for the purpose it was initially shared for.

Thanks

GDB2222

No. Not a chance. 

They can’t sue the surveyor if he made a mistake, but they can certainly do the work he recommended. 

Redwino222

I don’t see any Avenue you would have to recoup these costs.  I’m not sure why the estate agent told you this - it’s really not helpful.

you shared the document - they have it, they have read it.  There is nothing you can do to claw that knowledge back. 

Irishpearce26

Sorry to hear your sale has fallen through.

I don't think there is anything you can do as you shared the survey with them, as frustrating as it is that you paid for it and they may make more money from it.

AdrianC

No, you don't.

You had the survey to help you decide if you wanted to buy it.
The survey revealed work that the vendor did not want to factor into the price.
You pulled out from the sale.

The survey did everything you wanted of it, and is now redundant from your point of view. Move on with your life.

Your ex-vendor have no comeback against the surveyor for any inaccuracies in the survey - you did.

macman

Does not the copyright reside with the surveyor? The surveyor in effect licences the survey to the OP. 
The surveyor is only liable to the customer who has commissioned the survey, not to anyone else who might lose money as a result of action taken upon reading it.

Tiglet2

You should have only showed the vendors (or in fact your solicitor, so they could raise enquiries with the vendor's solicitor) certain extracts from the survey.  The survey was yours and you should not have showed them the entire document.  At least you now know that for next time!

AdrianC

macman said:

Does not the copyright reside with the surveyor? The surveyor in effect licences the survey to the OP. 
The surveyor is only liable to the customer who has commissioned the survey, not to anyone else who might lose money as a result of action taken upon reading it.

So what if it does?

The surveyor may, perhaps, have a case for breach of licence against the OP, but - in practice - it's utterly irrelevant and they simply won't bother.

davidmcn

Tiglet2 said:

You should have only showed the vendors (or in fact your solicitor, so they could raise enquiries with the vendor's solicitor) certain extracts from the survey.  The survey was yours and you should not have showed them the entire document.  At least you now know that for next time!

It doesn't sound as if they're even relying particularly on the details or waving the survey at other parties, just taking action based on the knowledge that e.g. there is subsidence needing fixed - does the OP expect them to pretend they don't know?

youth_leader

I gave the full structural survey I'd commissioned on my listed house to my sole agent to help her answer questions about the obvious works that needed doing. 

I was shocked and embarrassed to discover she'd given a copy to every single viewer - all fifteen of them - plus she'd emailed it to interested parties.  My surveyor lives locally, I see him when I'm walking my dog,  and the survey did have a confidentiality clause.  Once I knew I asked her to delete it from her system, and had to trust that she did.  

I did like this agent but she couldn't afford to advertise on RightMove so I moved to a new estate agent.  I told them I had a full structural survey available and would share extracts if necessary,  but still had a buyer insisting his survey revealed 'beetles' amongst many other things my survey hadn't mentioned,  and the estate agent seemed to be backing him up.  I found it frustrating as I knew they had been treated and were dead, I wish now that I'd asked to see his survey.  

Mickey666

loubwhyte said:

We have recently shared our full structural survey with the sellers as there were a number of issues and we wanted to renegotiate the price.

The sellers were not prepared to accept the findings of the survey in respect of renegotiating the price and the sale has now fallen through.

However their EA has advised that they are now working through the work identified with a view to relisting the property at a higher asking price as a result.

Do we have any recourse given they are using the findings of the survey we provided and paid for - particularly as they using it not for the purpose it was initially shared for.

What recourse would you like to have?

Did you agree with them any conditions for sharing the survey report?  I suspect not, therefore they can do what they like with the knowledge you freely gave them.

I can't see the problem here.  You paid for a survey that pointed out various property defects.  Despite this, the seller decided not to reduce their asking price, which they have every right to do, so you walked away from the deal.  The survey results have saved you a lot of potential future problems had you bought the house so it was money well spent.  It's just part of the cost of finding and buying a suitable house.

It's also just part of selling a house.  Potential purchasers will give all manner of feedback to a seller, mostly verbal but in this case you freely chose to share the survey report.  Either way, your feedback (and perhaps others) has persuaded the seller to improve their house before trying to sell again.  This is a perfectly normal and reasonable response from a seller who could not get their asking price with the house in its current state.

You've 'dodged a bullet' with this property, just move on and seek another one.