Surveyor damaged carpets...or did he.

desthemoaner

Evening all. 

Currently going through buying and selling...still going through it,  nine months after we started. The building survey was completed on our third prospective purchase last week, and the surveyor's verbal report was positive. I'm currently waiting for the written report. 

This afternoon I received an email from the selling agent. Apparently the seller visited the house after the survey ( its being sold with vacant possession) and found the formerly immaculate carpets damaged at the edges, as if they had been lifted. The selling agent tells me that the seller is very angry about it.

I've used this surveyor several times before without any such issues arising, and I find it hard to believe he would cause any damage. However, I've emailed the photographs of the damaged carpet to him, and asked him to comment.  If as expected he denies all knowledge then either I take a case to the RICS ombudsman (if such a body exists) or tell the vendor that we'll accept the carpets as they are, and will sort them out ourselves upon occupation. Meantime, however, the seller is taking the position that if the sale falls through she'll be liable for the cost of reinstating the carpets in their former condition, so she wants the damage repaired now.

Any advice as to how to approach the situation gratefully accepted. 

Slithery

Do the EA photos of the property listing show the condition of the carpets?

Section62

desthemoaner said:

Meantime, however, the seller is taking the position that if the sale falls through she'll be liable for the cost of reinstating the carpets in their former condition, so she wants the damage repaired now.

Any advice as to how to approach the situation gratefully accepted. 

I'd suggest to the vendor that they can consider exploring that possibility if the sale falls through - if the surveyor has alredy been notified of the damage a delay of a few months won't affect the viability of a legal claim against them, and waiting to allow the prospective sale to complete demonstrates an attempt to mitigate (in this case eliminate) their losses.

desthemoaner

Slithery said:

Do the EA photos of the property listing show the condition of the carpets?

Yes, and there's no obvious damage visible. They were immaculate when we viewed, twice, but the photographs I received today from the agent, taken by the seller,  show loose threads and damaged edges above the carpet surface, consistent with those edges being lifted. Not only in corners, either.

desthemoaner

Section62 said:

desthemoaner said:

Meantime, however, the seller is taking the position that if the sale falls through she'll be liable for the cost of reinstating the carpets in their former condition, so she wants the damage repaired now.

Any advice as to how to approach the situation gratefully accepted. 

I'd suggest to the vendor that they can consider exploring that possibility if the sale falls through - if the surveyor has alredy been notified of the damage a delay of a few months won't affect the viability of a legal claim against them, and waiting to allow the prospective sale to complete demonstrates an attempt to mitigate (in this case eliminate) their losses.

Many thanks. If in the meantime the surveyor denies all knowledge, could we be considered vicariously liable for the damage, and could the seller therefore insist that we pay for it prior to exchange? Not something I'd want to do, obviously, and I can hardly imagine that the seller would pull the sale for the sake of carpets which won't be hers to repair after exchange. 

caprikid1

Is it damage or does it need a carpet fitter coming back to re-stretch and tuck the edges in properly. Probably £30 to a local carpet fitter when he's passing and it's sorted.

Slithery

When you get the surveyors written report can you tell whether or not they lifted the carpets?
Obviously if they are trying to hide the fact that they caused damage then they may omit any relevant sections now that you've given them a heads-up but it's still worth checking.

youth_leader

I'm surprised he managed to lift them.  When I had a surveyor to investigate my damp I ended up cutting the carpet away with my stanley knife, it just wouldn't lift with all the implements I tried. 

user1977

desthemoaner said:

Section62 said:

desthemoaner said:

Meantime, however, the seller is taking the position that if the sale falls through she'll be liable for the cost of reinstating the carpets in their former condition, so she wants the damage repaired now.

Any advice as to how to approach the situation gratefully accepted. 

I'd suggest to the vendor that they can consider exploring that possibility if the sale falls through - if the surveyor has alredy been notified of the damage a delay of a few months won't affect the viability of a legal claim against them, and waiting to allow the prospective sale to complete demonstrates an attempt to mitigate (in this case eliminate) their losses.

Many thanks. If in the meantime the surveyor denies all knowledge, could we be considered vicariously liable for the damage, and could the seller therefore insist that we pay for it prior to exchange? Not something I'd want to do, obviously, and I can hardly imagine that the seller would pull the sale for the sake of carpets which won't be hers to repair after exchange. 

No, and if you're buying it I don't see why the vendor would be suffering any loss anyway. If there is damage (and you buy) you may have a claim against the surveyor, assuming any of this can be proved.

Thrugelmir

desthemoaner said:

I've used this surveyor several times before without any such issues arising, and I find it hard to believe he would cause any damage. However, I've emailed the photographs of the damaged carpet to him, and asked him to comment.

Wait for the response first. Then decide what course of action to take. Is the carpet actually damaged or simply needs refitting? 

desthemoaner

caprikid1 said:

Is it damage or does it need a carpet fitter coming back to re-stretch and tuck the edges in properly. Probably £30 to a local carpet fitter when he's passing and it's sorted.

Just loose threads as far as I can tell, the kind you get when you've lifted a fitted carpet for the first time. Judging by the photographs nothing needs "replacing", which is what the vendor is claiming.