Surveyor sent the Homebuyers Report to the Vendors

kgfox

Hi Everyone,

I'm looking for some advice. My partner and I are first time buyers so very inexperienced in all this. I couldn't find anyone in a similar position from reading articles and forums online so thought I'd post. To give a little backstory the property we were lined up to buy has fallen through a couple days before exchange of contracts. To put it bluntly, we were devastated. I know enough from reading this forum alone to know that until you exchange contracts there is very little that can be done.

My question is that our issues started to arise when we instructed a surveying firm to conduct our Homebuyers Report. Like most buyers we wanted some piece of mind that we weren't buying a dud. Based on the reviews we selected a local firm and the survey took place. After 10 working days we still hadn't received the homebuyers report. I know the property market is very busy and I was convinced it was just a short delay because they have a lot on right now. So on the 10th working day since the survey took place I got in touch with the surveyors to chase them up. I was shocked to be informed that in the week prior the survey had been sent to the Vendors instead of ourselves. The surveyors apologised and said it was a mistake. They then sent me the survey.

The survey included a valuation of the property that was slightly favourable for us by 5k. There were no major concerns on the survey at all.

Four weeks later the vendors pull our collapsing the chain which had consequences at the top of the chain too. The vendors haven't really given a reason except 'they no longer want to proceed with the property transaction'.

I have lodged a complaint with the surveyors as I'm extremely unhappy with the service provided. Whilst the vendors haven't said anything more than the short reason above I'm so upset at the thought the surveyors may have contributed to this collapse given the valuation and then the recent house price increase.

I wanted to ask if anyone out there has been in a similar position and how it was resolved? Any other advice would also be welcome.

princeofpounds

I cannot think of a possible reason why the contents of a survey would cause the vendors to pull out of a transaction. It's just not plausible, especially as there were no major issues, the valuation was a bit lower but you were NOT seeking to lower the price on the back of it (if I understand you correctly). If you WERE seeking to renegotiate the price, then you would do it be disclosing the relevant part of the survey to them anyway.

So frankly, unless I'm missing something, I suspect this had nothing to do with it. 

You have justification for a complaint against the surveyor. I'm not sure whether you are due any compensation beyond an apology however; you have suffered no loss or damage as a consequence of their actions, on the presumption that this has nothing to do with the withdrawal. 

AdrianC

princeofpounds said:

I cannot think of a possible reason why the contents of a survey would cause the vendors to pull out of a transaction. It's just not plausible, especially as there were no major issues, the valuation was a bit lower but you were NOT seeking to lower the price on the back of it (if I understand you correctly). If you WERE seeking to renegotiate the price, then you would do it be disclosing the relevant part of the survey to them anyway.

So frankly, unless I'm missing something, I suspect this had nothing to do with it. 

You have justification for a complaint against the surveyor. I'm not sure whether you are due any compensation beyond an apology however; you have suffered no loss or damage as a consequence of their actions, on the presumption that this has nothing to do with the withdrawal. 

^ Agree with this entirely.

The surveyor dropped a furry one, and sent it to the wrong place. They said sorry. End of.
It's pure coincidence the vendor has - a month later - decided to pull out.

Let's turn it round slightly - why do you think a "no real problem, mild down-value" survey would cause the vendor to pull out...? You aren't even pursuing that mild down-valuation - but, if you were, the vendor would presumably ask for a copy of the survey to see your justification...

kgfox

If you WERE seeking to renegotiate the price, then you would do it be disclosing the relevant part of the survey to them anyway.

Thanks for the advice. Just to comment on the one thing above. We didn't renegotiate as the valuation provided by the report was more than our accepted offer. We're just really disappointed as above anything we just wanted to move into our first house.

cattie

If it were me I'd expect at least a small compensation payment if not a refund of the whole amount for the totally unprofessional service in sending the report to the vendors instead of yourselves. Perhaps worth complaining to the governing body if you don't find the surveyors taking responsibility for this !!!!!! up. I'd imagine the are members of RICA's or similar?

It doesn't sound as if the surveyor's report was the reason for the vendors pulling out though & sorry this happened to you & with luck the next property you're interested in will get to completion with no problems.

lookstraightahead

cattie said:

If it were me I'd expect at least a small compensation payment if not a refund of the whole amount for the totally unprofessional service in sending the report to the vendors instead of yourselves. Perhaps worth complaining to the governing body if you don't find the surveyors taking responsibility for this !!!!!! up. I'd imagine the are members of RICA's or similar?

It doesn't sound as if the surveyor's report was the reason for the vendors pulling out though & sorry this happened to you & with luck the next property you're interested in will get to completion with no problems.

I think you mean RICS.

I think that's a bit harsh myself, it's quite obviously a mistake and you think it should be reported to the professional body? I try and focus on karma in these instances.

Op, it's a shame that it happened but has zero to do with them pulling out I wouldn't think. It won't make you feel better by blaming the surveyor. 

user1977

cattie said:

If it were me I'd expect at least a small compensation payment if not a refund of the whole amount 

Small, maybe - not a full refund, they got the survey.

Indigo_and_Violet

Surprised that the first two posters missed the important bit that the valuation was in your favour i.e. showing the house as worth more than you'd offered. That said, I agree it's hard to directly link that to the chain collapsing - it was a few weeks later and for all you know could easily be linked to do with stuff at the top rather than the bottom. FWIW I think it would take quite a short-sighted and greedy seller to collapse a chain for the sake of £5k - if it means they have to go through conveyancing for sale and purchase again then a big chunk will get swallowed up in setting up the next move. If you still feel aggrieved then you could try pushing for a partial refund or perhaps a larger discount on the survey for the next house if you're happy to use them again? I wonder if it's possible that the sale collapsing has been a big nasty shock that doesn't make a lot of sense and so you're allocating more responsibility to the survey going to the wrong place just because it's one bit you feel you should have control over? Fingers crossed in a few months time you'll have found an even better first home and be able to forget all about the fiasco that was this one. 

LAD917

If the vendors had demanded more money or had decided to remarket the property, the argument would be stronger.  But, as others have said, it's really not worth their while to do this for 5k.

Was the estate agent able to provide any further detail? I can't imagine they're pleased at losing a commission.  (And I'm curious if they're entitled to commission, as you are a ready, willing, and able buyer.  The contract could be important here.) Perhaps there was a significant change in circumstance - job loss, death, etc.?

I'm so sorry this happened to you so late in the process.  Hopefully it was for a good reason v. just changing their mind.

verytired11

I feel that this is a serious mistake - it's a data breach and it potentially jeopardised your purchase and/or negotiating position.  I would find out what the surveyor's complaint procedure is and make a complaint through that.  I don't think you will be able to prove that the mistake cost you the purchase, but irrespective of that your complaint should be taken seriously and addressed.  I would be furious about it.

AdrianC

verytired11 said:

I feel that this is a serious mistake - it's a data breach and it potentially jeopardised your purchase and/or negotiating position.  I would find out what the surveyor's complaint procedure is and make a complaint through that.  I don't think you will be able to prove that the mistake cost you the purchase, but irrespective of that your complaint should be taken seriously and addressed.  I would be furious about it.

"A data breach"? In what way? There's none of the buyer's personally identifying information being disclosed that the vendor won't have already had from the memorandum of sale. Less, in fact.

It won't have jeopardised the negotiating position, either. It's perfectly reasonable to assume that any renegotiation based on claims of what the survey says would be backed up by sight of the survey.