Surveyor missed huge crack

netnot

We recently completed the purchase of a property and unfortunately discovered a significant crack in the wall that extends into the ceiling. The crack is located on a wall where a cupboard is built, but the cupboard has only a single hanger rail inside, and the internal walls are not covered by wood or any other material. This means that anyone opening the cupboard and looking inside should be able to see the crack.

We understand that we need a structural engineer to assess whether this is a major issue. However, we had a Level 3 survey conducted on the property before purchase, and the surveyor did not mention this crack. The other cracks in the property were described as hairline and were noted as minor and not a cause for concern.

If the engineer determines that this newly discovered crack is a serious structural issue, can we hold the surveyor accountable for failing to identify and report it?

DullGreyGuy

netnot said:

We recently completed the purchase of a property and unfortunately discovered a significant crack in the wall that extends into the ceiling. The crack is located on a wall where a cupboard is built, but the cupboard has only a single hanger rail inside, and the internal walls are not covered by wood or any other material. This means that anyone opening the cupboard and looking inside should be able to see the crack.

We understand that we need a structural engineer to assess whether this is a major issue. However, we had a Level 3 survey conducted on the property before purchase, and the surveyor did not mention this crack. The other cracks in the property were described as hairline and were noted as minor and not a cause for concern.

If the engineer determines that this newly discovered crack is a serious structural issue, can we hold the surveyor accountable for failing to identify and report it?

So how did you miss it?

What does it state in the limitations on the report?

You can read what a LvL3 report does and doesn't do https://www.rics.org/content/dam/ricsglobal/documents/standards/description_of_the_rics_home_survey_level_3.pdf but it includes:

The surveyor does not force or open up the fabric of the building without occupier/owner consent, or if there is a risk of causing personal injury or damage. This includes taking up fitted carpets and fitted floor coverings or floorboards; moving heavy furniture; removing the contents of cupboards, roof spaces, etc. removing secured panels and/or hatches; or undoing electrical fittings.

ChirpyChicken

We hid a large crack when we sold a house by popping a mattress up against a wall...

netnot

Thanks, we were first-time buyers and clealry not instinctively sharp enough to spot defects. That is why we rely on the survey.  Before the survey, we noticed hairline cracks in the living room and specifically pointed them out to the surveyor. After the inspection, he called back to reassure us that those cracks were nothing to worry about.

Now, it seems that everything may come down to the underlying clause regarding inspecting areas behind cupboards doors. While we don’t know how the cupboard was filled at the time of the survey, the ceiling inside should have been visible. The cupboard only has a single hanger rail positioned much lower than the ceiling, meaning the surveyor should have been able to see the ceiling and the crack during the inspection.

FreeBear

Is this crack visible on the other side, or is there evidence of recent repairs in that area ?

NameUnavailable

How big is this crack? Where does it start/end? What is on the other side of the walls? Are you sure it's not just blown plaster?

Hoenir

netnot said:

Thanks, we were first-time buyers and clealry not instinctively sharp enough to spot defects. That is why we rely on the survey.  Before the survey, we noticed hairline cracks in the living room and specifically pointed them out to the surveyor. After the inspection, he called back to reassure us that those cracks were nothing to worry about.

Now, it seems that everything may come down to the underlying clause regarding inspecting areas behind cupboards doors. While we don’t know how the cupboard was filled at the time of the survey, the ceiling inside should have been visible. The cupboard only has a single hanger rail positioned much lower than the ceiling, meaning the surveyor should have been able to see the ceiling and the crack during the inspection.

Alternatively the cupboard was filled in such a way as to make a visual inspection impossible. The vendors were fully aware of the condition of the property. Any material facts should have disclosed when responding to the enquiries. That's where legally your redress should be sought. If it's found that the matter is of a structual nature and requires expensive remedial work. Didn't you take look inside the cupboard even just to ascertain the amount of storage space etc. 

AskAsk

Hoenir said:

netnot said:

Thanks, we were first-time buyers and clealry not instinctively sharp enough to spot defects. That is why we rely on the survey.  Before the survey, we noticed hairline cracks in the living room and specifically pointed them out to the surveyor. After the inspection, he called back to reassure us that those cracks were nothing to worry about.

Now, it seems that everything may come down to the underlying clause regarding inspecting areas behind cupboards doors. While we don’t know how the cupboard was filled at the time of the survey, the ceiling inside should have been visible. The cupboard only has a single hanger rail positioned much lower than the ceiling, meaning the surveyor should have been able to see the ceiling and the crack during the inspection.

Alternatively the cupboard was filled in such a way as to make a visual inspection impossible. The vendors were fully aware of the condition of the property. Any material facts should have disclosed when responding to the enquiries. That's where legally your redress should be sought. If it's found that the matter is of a structual nature and requires expensive remedial work. Didn't you take look inside the cupboard even just to ascertain the amount of storage space etc. 

I don't look inside wardrobes and cupboards when I view properties as they are personal effects and you may not buy the property. 

Wardrobes tend to have the same depth but I suppose you should look to see if there are cracks.

RelievedSheff

It may be nothing more than blown plaster and nothing to really worry about.

Do you have a picture of the crack?

netnot

Here are the pictures. It is on the first floor. It sounds hollow near the cracks. So guessing that is a good thing. 

netnot

RelievedSheff said:

It may be nothing more than blown plaster and nothing to really worry about.

Do you have a picture of the crack?

I really hope so, attached photos