Is it dangerous to move to house with structural issues

Section62

TripleH said:

...I know that some institutes require impartiality in working and would question if the Op's ex acted thus?

It appears he doesn't want her to but the house and how will he prove it rather than he should have gone here is a house, what state is it in?

If we remove the relationship and emotional element out of the equation, then the issue is what kind of report should a professional produce for a client intending to purchase a property?

Impartiality is not necessarily a requirement.  The client is paying for the report, the report must appraise them of the risks involved and the costs they might incur. To produce a report which fails to highlight uncertainties and risks, or seriously underestimates the cost of rectification work would certainly leave the engineer/surveyor open to questions about their conduct.

Not meaning to criticise the OP in any way, but in one of their posts on the first page of this thread they said "He provided a structural Report. Yes , I asked him but I was hoping that he will be supportive…and be reassuring…. But not.".

On any other thread where the emotional/relationship issues didn't apply, if an OP complained (using similar words) about a survey/report which was overly critical of the property they were buying then I think most of the experienced members of this forum would have responded to the effect that you don't want the surveyor/SE to be supportive and reassuring - you want them to look at the worst cases and make sure you know what you are getting yourself into.

A judge - who will be used to hearing professional differences of opinion - will not expect impartiality from the ex when they have been asked for an informal opinion on the property the OP is buying, and the property will be lived in by his children. I asked the OP earlier in the thread whether they were married, because that would have a further complicating effect on the situation as the ex would then have a direct personal financial interest in the purchase as well. In this situation you can't be impartial, and you can't be expected to be impartial.

How a professional institution would view the ex's behaviour will depend partly on how they were asked to give an opinion, and the extent to which it was informal or formal.  What would matter far more is if the situation developed further and he was charged and convicted of an offence related to coercive control - because that would clearly have an impact on whether or not future clients could trust any advice he gives them.

Section62

JCarmello said:

When people are saying that there are two professional opinions here, I would challenge that. There is one opinion from a professional who is independent of the property.

There is another opinion from a professional who is not independent of the property.

You don't have to be independent or impartial to give a valid professional opinion.

JCarmello said:

I don't know how family court works, but surely a judge will have bought a house in the past, and so knows what a good survey looks like.

The housebuying experience of the judge is irrelevant.

What matters is their ability to look at conflicting professional opinions and form a view over which, on the balance of probabilities, is the more valid one.  This is a totally routine part of their day job.

hnnguse

I just wanted to check that you have a solicitor to represent you at the court date? Don’t be tempted to represent yourself, no matter how obvious it seems that he hasn’t got a case… 

Unfortunately, I can’t afford a solicitor to represent me. I had a consultation. 

My ex has always said I can’t afford to fight him in Court as he has money me about court and said he has money and I don’t …( he is right)

hnnguse

When is your completion date?  Your solicitor should be asking the court to bring the hearing forward to before completion, so you can complete on the purchase with certainty that you will be able to move into the house with your children.

I’m completing this Friday 

hnnguse

Section62 said:

As it stands it is the professional opinion of one person versus the professional opinion of another.

One of them has said "Without opening exposing what looks like a drop beam in the lounge, I wont be able to verify the adequacy of the support””

 Do you think I should have the support checked/  boards exposed before the hearing? I have done the quotation from the SE who did my report

Section62

hnnguse said:

Do you think I should have the support checked/  boards exposed before the hearing? I have done the quotation from the SE who did my report

At this stage you would probably be better using the money to pay for a solicitor to go to the hearing with you.

Then see what they say about getting additional report(s) depending on how the hearing goes.  The situation won't necessarily be resolved in just the one hearing - especially with something as complex as this situation appears to be.

Doozergirl

hnnguse said:

Section62 said:

As it stands it is the professional opinion of one person versus the professional opinion of another.

One of them has said "Without opening exposing what looks like a drop beam in the lounge, I wont be able to verify the adequacy of the support””

 Do you think I should have the support checked/  boards exposed before the hearing? I have done the quotation from the SE who did my report

See, I think that if you can't afford a solicitor then to show that you're investigating and prepared to make remedial works *if necessary* is the best thing you can do. 

You pose this as you are taking all the steps that any reasonable property buyer takes.  No need fr courtroom dramas.  

You're being bullied.  I'm so angry! 

Section62

hnnguse said:

Unfortunately, I can’t afford a solicitor to represent me. I had a consultation. 

@hnnguse - I had another thought about this.

If you don't have a solicitor or barrister representing you then you will be what the courts call a 'Litigant in Person' (LIP).

That status gives you some rights that a represented person doesn't have, and also alters the way the other side's solicitor has to communicate with you.

Well before the hearing you should find out more about the court process and what it means to be a LIP.
https://www.judiciary.uk/you-and-the-judiciary/going-to-court/advice-for-litigants-in-person/

One of the most important rights you will have is what is called a 'McKenzie Friend'.  This is someone who - with the permission of the court - is able to come into the courtroom with you to help make notes and prompt you with points or questions you may need to raise.  The McKenzie Friend cannot represent you, and normally is unable to speak ('address') to the court directly.

Sometimes (even for legal professionals) it is difficult to follow what is going on in the hearing, so having a second person taking notes (or remembering) what is said is important so you don't misunderstand or misremember what was said. It is very unlikely you'll have time to make your own notes, and if you are doing that you may miss important parts of the discussion.

There are professional McKenzie Friends who provide a service which is usually cheaper than a solicitor but, with a few exceptions, you can nominate anyone you like to be your McKenzie Friend.

Ideally it should be someone who is used to taking notes at meetings, or has a very good memory.  Also ideally it should also be someone who isn't afraid/unwilling to say 'no' to you or challenge your way of thinking. The way Family Courts operate is to seek to mediate disputes and reach compromise solutions. The hearing may be broken into several parts, with the parties told to leave the courtroom and have a think about things before returning.  This is when a good McKenzie Friend is priceless - you can discuss with them what just happened to check your understanding of the situation, and they should 'encourage' you to find room for compromise.  If you know someone like that then why not ask them if they can come with you? Then follow the process to get the court's agreement to them being your McKenzie Friend.

On the other hand, avoid having someone who is '200% on your side' or is likely to get over emotional.  If you can't trust the person not to say anything while in the hearing then keep them well away from it - anything which gives the impression of belligerence or unwillingness to compromise goes down badly with the court as it is simply a waste of their time.  And as Doozergirl says - no courtroom dramas.

As difficult as it is when the situation involves your children, try to be as businesslike as possible.  Let him make himself look the unreasonable one.


Also, on the subject of compromise - it is normal (often essential) for the parties to first try mediation before making an application to the court.  Have you and the ex already tried mediation?  Does his application for an order mention attempts at mediation (there should be a specific section on the form)?  If he says mediation has been tried and failed, are the details and reasons he gives true?

deannagone

Brilliant advice above re a McKenzie friend.  There is more advice here https://www.judiciary.uk/publications/mckenzie-friends/

I wonder if its worth going to wikivorce?  I gather you weren't married to your children's father but they do have a Child Court proceedings section on the forum https://divorce.wikivorce.com/advice/children/child-court-hearings

Gingerbread have a forum too https://www.gingerbread.org.uk/community/online-forum/topic/child-custody-and-finances/

I found some useful videos on what happens in court, how to represent yourself etc http://www.familycourtinfo.org.uk/useful-videos/

I know I went to court re an injunction.., totally unprepared, and it seemed like my ability to parent was very definitely being questioned and I had no idea how to conduct myself.  I hadn't expected to appear before a judge at all (who seemed to assume I was up to no good).  So I don't need to say prepare all you can.

hnnguse

thegreenone said:

Sounds like blackmail.  You can check if he is a member here Members Directory - The Institution of Structural Engineers (istructe.org)  it gives his membership number etc

I wish you all the very best.

I have checked the members register and his name is not there. I have only find the details of the independent SE which I instructed.  Do all SE have to be registered? If yes, I can then use this in Court..