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

2

Comments

  • user1977
    user1977 Posts: 17,990 Forumite
    10,000 Posts Seventh Anniversary Photogenic Name Dropper
    edited 12 March 2022 at 9:43AM
    In any event, nobody else can rely on the survey unless the surveyor readdresses it to them - which they'd charge for.

  • SusieT
    SusieT Posts: 1,267 Forumite
    Part of the Furniture 1,000 Posts Name Dropper
    I would screenshot the advert so that you have proof that they are using it, and then send them a bill for it. It is not their survey or that of the property owner and no way should thy have even thought of sharing it. 
    Even if they give it back to you there is no way of knowing if they have a copy of it that they will show people. 
    Credit card debt - NIL
    Home improvement secured loans 30,130/41,000 and 23,156/28,000 End 2027 and 2029
    Mortgage 64,513/100,000 End Nov 2035
    2022 all rolling into new mortgage + extra to finish house. 125,000 End 2036
  • TheJP
    TheJP Posts: 1,983 Forumite
    1,000 Posts Third Anniversary Name Dropper
    SusieT said:
    I would screenshot the advert so that you have proof that they are using it, and then send them a bill for it. It is not their survey or that of the property owner and no way should thy have even thought of sharing it. 
    Even if they give it back to you there is no way of knowing if they have a copy of it that they will show people. 
    That doesn't prove anything unless the actual survey documents are in the advert.
  • canaldumidi
    canaldumidi Posts: 3,511 Forumite
    Tenth Anniversary 1,000 Posts Name Dropper Combo Breaker
    I admit I'm uncertain, bit I believe the copyright remains wth the surveyor (my surveys certainly say as much), but 'ownership' may be with the client who can chooses to sell it on.
    Perhaps a solicitor here could clarify?
  • Mimi123456
    Mimi123456 Posts: 110 Forumite
    Third Anniversary 100 Posts Name Dropper

    Hello. Joining the OP in putting unscrupulous EAs back in their place! 

    I pulled out of a transaction (due to double ground rent provisions and some other legal hiccups) a few weeks ago.

    This morning (it wasn’t even 9am yet btw !!!) received a text message from the EA agent asking for that building survey I had. 🙄 Like I’m just going to give away the report I paid £930 for!!

    I’ve been fuming the whole morning. The EA had been unprofessional the whole way and now this! Clearly taking me for an idiot. And no ethic whatsoever.

    I’m so angry that I have decided I would even email the surveyor firm asking not to share the report in case the guy also contacts them. I’m almost sure they wouldn’t anyway but just in case.

    BarclayBark, in terms of advice I have nothing to add to what others have said already. But I hope the situation resolves in the best way. If they really used your report they should be held responsible and compensate you. 

  • canaldumidi
    canaldumidi Posts: 3,511 Forumite
    Tenth Anniversary 1,000 Posts Name Dropper Combo Breaker
    edited 12 March 2022 at 3:12PM

    Hello. Joining the OP in putting unscrupulous EAs back in their place! 

    I pulled out of a transaction (due to double ground rent provisions and some other legal hiccups) a few weeks ago.

    This morning (it wasn’t even 9am yet btw !!!) received a text message from the EA agent asking for that building survey I had. 🙄 Like I’m just going to give away the report I paid £930 for!!

    Why not politely respond that you are happy for one, specific buyer to have a copy which you will forwrd to them directly on receipt of, say, £450? Enclose your receipt showing you paid £930.

  • An agent tried the same trick on me with my first house/ survey. Nearly fell for it then thought, hang on you're working for the seller, I'm not handing over a £600 document!! Even if they don't give it to prospective buyers it's still a very valuable doc to them as they then know exactly what issues are likely to come up. Yes use the survey as leverage on the price, but don't hand over the whole doc and dont let them leave the room (to do a sneaky photo copy) with it!
  • badger09
    badger09 Posts: 11,622 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    Some 'jumping to conclusions' going on.

    As @tooldle suggested, vendor could have commissioned their own survey.
  • badger09 said:
    Some 'jumping to conclusions' going on.

    As @tooldle suggested, vendor could have commissioned their own survey.
    True, but still not advisable to hand over a whole copy of the survey to the EA.
  • I sold my surgery twice to new buyers after my house sale fell through - £350 each time and it cost me £450….
    2006 LBM £28,000+ in debt.
    2021 mortgage and debt free, working part time and living the dream
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