Surveyor missed subsidence

gracelet88

Edit: please advise on the assumption that I will have it thoroughly investigated and it finds a structural issue. Fully aware a video call with a surveyor isn't sufficient yet, thanks.

Upon moving into an Edwardian house we purchased, we've found a very obvious long staircase crack going down both sides of a load bearing wall. It wasn't here when we viewed the house and there is a possibility it only (re?) Appeared following the survey.

We had a Level 2 survey carried out by a qualified surveyor. They said there were no structural issues with the walls. I do suspect at the time of the inspection, this crack was hidden by polyfilla and this is why both we and they missed it. But my question is, should I be pursuing the surveyor for failing to identify subsidence in a level 2 survey?

Alternatively, do I have any redress against the seller for an issue that emerged following the survey? Were they obliged to report it to me? This is a noticeable, long, and maybe 2mm wide crack. I would not have made an offer or at least greatly reduced my offer had I been aware of it.

Any views and experience gratefully received. Reading the policy, the house insurance won't cover me for this subsidence since the problem must have started before I purchased the property and the policy came into place.

Thanks for any advice. I've obviously already consulted my conveyancer for her views.

user1977

For a start, it sounds like all you've done so far is see a crack. Have you had any professional opinion on whether it actually indicates a structural problem of any sort, let alone subsidence?

In answer to your queries though, the surveyor may be liable if it is actually something which they ought to have picked up on within the parameters of their survey.

The seller only needs to give non-misleading answers to queries you ask them, which I presume didn't include "have you recently filled in any cracks".

gracelet88

My father is a quantity surveyor and, while on a video call, says it's likely subsidence. I know old houses are of course prone to some cracking but as this one has appeared very suddenly probably aggravated by heat and is on both sides of the wall, I think my worry is not disproportionate.

What if the problem emerged after them completing the various property information forms? Are the sellers obliged to update on emerging issues? Obviously I would not expect reporting of minor things like a shower breaking but a 1.5 metre long jagged crack surely is a reasonable cause for alarm?

user1977

gracelet88 said:

What if the problem emerged after them completing the various property information forms? 

Yes, the PIF is meant to be up to date as at exchange, but which question on the property information form do you think is relevant?

TheJP

gracelet88 said:

My father is a quantity surveyor and, while on a video call, says it's likely subsidence. I know old houses are of course prone to some cracking but as this one has appeared very suddenly probably aggravated by heat and is on both sides of the wall, I think my worry is not disproportionate.

What if the problem emerged after them completing the various property information forms? Are the sellers obliged to update on emerging issues? Obviously I would not expect reporting of minor things like a shower breaking but a 1.5 metre long jagged crack surely is a reasonable cause for alarm?

The house could be hanging on by a shoe string and sellers have no obligation to tell you about it. Even them polyfilling cracks is seen as maintenance and not deception whatever way you view it unfortunately.

If you really are concerned get a structural survey carried out and then you'll know what measures you'll need to take.

donutandbeer

Don’t think there’s anything on any of the property information forms that asks if there’s any crack on the wall. So no don’t think sellers are obliged to update you on this even if it only appeared after your survey / last viewing. If you have done one last viewing before exchange and the crack wasn’t there (so the crack formed between exchange and completion) then maybe they should have updated you, but since it’s not their fault it appeared and since you would have already exchanged, you won’t be able to pull out or reduce your offer anyway. 

youth_leader

So sorry, but if you are in London, on clay, could it have been caused by the excessive heat you've been experiencing?.  Does your Dad know any structural surveyors he could recommend? 

I understand your annoyance, I discovered months after completion the floors here were all rotten with wet/dry rot and have just had to replace them all, surveyor wasn't able to lift fitted carpets/furniture.  Vendor did tell me on the telephone she'd 'overwatered a plant', I think it was a clue I didn't appreciate at the time.  

sheramber

if  the crack had been filled in and was now visible surely there would be traces of the filler still there.

Would it all have fallen out and been cleaned up without any trace left?

macman

You have diagnosed subsidence, from a crack, by means of a video call? I don't think that's going to be very conclusive.

gracelet88

macman said:

You have diagnosed subsidence, from a crack, by means of a video call? I don't think that's going to be very conclusive.

Not a helpful comment. Of course I know that. 

babyblade41

You will need to get accurate information & that means employing a structural engineer & specifically get him/her to investigate.
Until you have the report in your hand with the exact diagnosis then there is not a lot you can do .