Negligent surveyor

Havanese

I'd love to hear from anyone that has had success in suing a surveyor for damages.
How long was the process, what were your costs and what was the outcome?
Following a pre aquisition survey, I bought a property last February. On the day of completion, I noticed two issues which the surveyor had overlooked.
Unfortunately, 4 months later, the property was deemed uninhabitable due to the rising and falling damp throughout.
I have been renting since August.
I have started proceedings against the surveyor but so frustrated to learn that I can only recover 60% of my costs.
I have paid for a subsequent survey plus had an expert witness report produced and all have shown that the damp is historical and would have been visible  at the time of the pre-acquisition survey.
In my opinion, solicitors and barristers see this as a gravy train and want to see a battle.
Any advice greatly appreciated...

powerful_Rogue

Havanese said:

I'd love to hear from anyone that has had success in suing a surveyor for damages.
How long was the process, what were your costs and what was the outcome?
Following a pre aquisition survey, I bought a property last February. On the day of completion, I noticed two issues which the surveyor had overlooked.
Unfortunately, 4 months later, the property was deemed uninhabitable due to the rising and falling damp throughout.
I have been renting since August.
I have started proceedings against the surveyor but so frustrated to learn that I can only recover 60% of my costs.
I have paid for a subsequent survey plus had an expert witness report produced and all have shown that the damp is historical and would have been visible  at the time of the pre-acquisition survey.
In my opinion, solicitors and barristers see this as a gravy train and want to see a battle.
Any advice greatly appreciated...

What level survey did you have carried out? What did they say about damp in the survey?

jimbo6977

Can't imagine you'll get far. To my eyes surveys are a futile expensive formality with no practical purpose. Anything obvious you'll be able to see anyway and anything not obvious the surveyor will have a disclaimer to cover his failure to spot it. 

TBG01

So visible you didn't spot it on your initial viewing,  and I'm assuming visit just before exchanging contracts to check on the condition of the property?

Section62

Havanese said:

Unfortunately, 4 months later, the property was deemed uninhabitable due to the rising and falling damp throughout.

For damp to be so bad to make the property uninhabitable you would expect there to be very clear visible signs.

What happened during the 4 months which led to the property being deeming uninhabitable?  Was it a gradual deterioration, or did things suddenly change?

To prove negligence you'd need to be able to show there was something the surveyor missed at the time the survey was done.  Defects which occur after the survey, which couldn't be reasonably foreseen at the time, are unlikely to be something you could make a claim for.

molenpad

A damp problem that bad should surely have been noticeable before the survey was even done?

I always wonder whether surveys (homebuyers or full) are really worth it for this reason.

On the first viewing of the house I am buying I noticed:

- two missing roof tiles
- cracking to the wooden frame of the porch windows
- loose guttering
- extremely old boiler with what looks to be an asbestos flue
- sockets and consumer unit tell me the electrics need updating

I decided not to get a survey done because I don't think one would be very helpful or tell me much different than what I can see with my own eyes

Van_Girl

I'd find it odd for a surveyor to miss something that sounds like it would have been impossible not to see. What type of survey was it?

If it was just a mortgage valuation, then you won't have a leg to stand on as they are not designed to be a substitute for a condition survey (RICS L1, L2, L3). You are also not the client of a mortgage valuer

It also seems odd that a damp problem could be so bad as to render the property uninhabitable, yet you didn't notice this before purchasing?

Something isn't right here 

lincroft1710

Havanese said:

I'd love to hear from anyone that has had success in suing a surveyor for damages.
How long was the process, what were your costs and what was the outcome?
Following a pre aquisition survey, I bought a property last February. On the day of completion, I noticed two issues which the surveyor had overlooked.
Unfortunately, 4 months later, the property was deemed uninhabitable due to the rising and falling damp throughout.
I have been renting since August.
I have started proceedings against the surveyor but so frustrated to learn that I can only recover 60% of my costs.
I have paid for a subsequent survey plus had an expert witness report produced and all have shown that the damp is historical and would have been visible  at the time of the pre-acquisition survey.
In my opinion, solicitors and barristers see this as a gravy train and want to see a battle.
Any advice greatly appreciated...

Who said you could only recover 60% of your costs?


Many of my former work colleagues were Chartered Surveyors and they would have had very expensive insurance to cover eventualities such as these. Unlike car insurance policies, where you can build up a no claims discount over years, surveyor's insurance premiums increase over the years as the more properties surveyed, the more chance of a claim.

diystarter7

Van_Girl said:

I'd find it odd for a surveyor to miss something that sounds like it would have been impossible not to see. What type of survey was it?

Hi

A very good point that everyone else missed.
Thanks

Havanese

powerful_Rogue said:

Havanese said:

I'd love to hear from anyone that has had success in suing a surveyor for damages.
How long was the process, what were your costs and what was the outcome?
Following a pre aquisition survey, I bought a property last February. On the day of completion, I noticed two issues which the surveyor had overlooked.
Unfortunately, 4 months later, the property was deemed uninhabitable due to the rising and falling damp throughout.
I have been renting since August.
I have started proceedings against the surveyor but so frustrated to learn that I can only recover 60% of my costs.
I have paid for a subsequent survey plus had an expert witness report produced and all have shown that the damp is historical and would have been visible  at the time of the pre-acquisition survey.
In my opinion, solicitors and barristers see this as a gravy train and want to see a battle.
Any advice greatly appreciated...

What level survey did you have carried out? What did they say about damp in the survey?

Apologies for the late response.
I was offered a Level 2 and no mention of damp in the report.
Surveyor subsequently lied and tried to use photos from sales particulars as his own

Havanese

lincroft1710 said:

Havanese said:

I'd love to hear from anyone that has had success in suing a surveyor for damages.
How long was the process, what were your costs and what was the outcome?
Following a pre aquisition survey, I bought a property last February. On the day of completion, I noticed two issues which the surveyor had overlooked.
Unfortunately, 4 months later, the property was deemed uninhabitable due to the rising and falling damp throughout.
I have been renting since August.
I have started proceedings against the surveyor but so frustrated to learn that I can only recover 60% of my costs.
I have paid for a subsequent survey plus had an expert witness report produced and all have shown that the damp is historical and would have been visible  at the time of the pre-acquisition survey.
In my opinion, solicitors and barristers see this as a gravy train and want to see a battle.
Any advice greatly appreciated...

Who said you could only recover 60% of your costs?


Many of my former work colleagues were Chartered Surveyors and they would have had very expensive insurance to cover eventualities such as these. Unlike car insurance policies, where you can build up a no claims discount over years, surveyor's insurance premiums increase over the years as the more properties surveyed, the more chance of a claim.

Apologies for the late reply and thank you for your comment.
My barrister gave me this advice. Should this go to court, up to 60% costs can be claimed