Can EA use my buyers house survey after I withdraw offer?

BarklayBark

Following a full house survey we decided to pull out of a house purchase as there was considerable remedial work needed on damp issues amongst others (200yr old house). The vendor refused to budge a penny on price so we had to realistically withdraw. The house has now been relisted 2 days later, saying a full survey is available on request. We were never offered or told of an existing survey when we viewed, so are the estate agents using ours? We did share the survey as part of negotiations. 

Is this allowed or normal? Should I be speaking to the EA and asking for payment for them to use it?

The_Unready

Yes, and yes to your last two questions (speak to the EA and ask for payment). How did the EA get the report in the first place?

BarklayBark

I shared it as part of negotiations on the price. It was actually another thread on this forum that advised it

sammyjammy

does it really matter?

Thrugelmir

The surveyors who prepared the report might not be happy. 

TXC

Surely they'd need the surveyors permission to tout it around to all buyers!

But maybe you needed it in the first place to share...might open a can of worms to pursue

canaldumidi

That is shocking and unless you gave explicit consent for the survey to be used I would initally complain to the EA ad demand they do not provide it to 3rd parties, then raise an official complaint (if they refuse), and then report them to their relevant ombudsman if necessay.

However, you might consider allowing a specfic potential purchaser to see the report, for a fee eg 25-50% of the original cost.

But that is your decision, not the EAs!

tooldle

Could the vendor have procured their own survey?

youth_leader

My house was 1847 and I commissioned my own survey,  and gave a copy to my EA so they could answer any questions regarding the damp etc during the viewings. 

I was really upset to find they were actually copying it and giving it to every viewer. Ridiculous - and embarrassing for me, I hadn't expected them to do this,  the surveyor had put his confidentiality conditions on his letter.  When I found out I told them to destroy the original and to refer any queries to me. 

pinkshoes

State in writing to the EA that you do NOT give them permission to show your survey to other people and they must delete/shred their copy or pay for it.

Get a friend to show interest in the house and ask to see the survey. 

If it is your survey they are using then bill them for it.

TheJP

Could be that they are sharing the information and not the survey, not sure if the survey is protected by intellectual property. As others have said ask the EA to not use your survey. Other than that id just move on.