We had a full buyers survey carried out when buying our house. A water leak upstairs has now damaged our kitchen and the plumber suspects it has been slowly dripping and building up in the ceiling area since before we moved in, and that it was caused by inferior plumbing. None of this was on our report. What action, if any, can we take against the surveyor?
2006-12-05 10:34:43 · 17 answers · asked by grazer10 1 in Home & Garden ➔ Maintenance & Repairs
STOP. Read your contract and get on with fixing the house. Everyone, including the courts, knows that the surveyor will not catch everything.
If you want to do some legal research and that will make you feel better, follow the court actions regarding the principle of "caveat emptor" (Buyer Beware) and the cases regarding real properties with all their possible hidden defects. Pick any state... it's a zoo... but in the end, the responsibility still comes back to you - THE BUYER.
I can guarantee you, sight unseen, that the contract you signed with the surveyor says he is not responsible for ALL problems to the end of time. You could not afford him EVER, if you held that condition and you would not be in your house now. They'd still be reassembling it after a total dismantle to check EVERYTHING.
You MAY, however, have recourse with your home owner's insurance since you did a very prudent and thorough pre-sale evaluation, discovered no major issues and now this defect became apparent. You acted prudently and with an above average "standard of care".
It's your choice. You can launch legal action against the surveyor, pay an attorney zillions, take it before a judge who will read the contract, dismiss the action in three minutes flat and hand you the bill for the court time..... OR You can contact your home owner's agent and file a claim, then fix the house.
In the law, YOU are ultimately responsible for what happens in your life. Next time, YOU crawl the attic, despite how many surveyors, inspectors and glad-handing plumbers told you it was fine.
2006-12-05 18:33:18 · answer #1 · answered by James H 3 · 0⤊ 0⤋
O.K. first was it a "House buyer's survey", especially by your building society or mortgagor's survey? If so, did you pay him separately, or did you rely on the building society report? Did you pay for a full strucural survey (which can cost hundreds of pounds)? And what, precisely, does your report say? All these questions will affect liability. The good news is that if your surveyor has been negligent, he is liable. The bad news is, you have to prove it. In practice try claiming on your insurance, and offer them an assignment of your rights against your surveyor, provided they also recover for you damages for nuisance and inconvenience. This leaves the ball in their court. N.B. Don't rely on your plumber SUSPECTING. You will need expert evidence.
2006-12-05 11:11:09 · answer #2 · answered by Ghostrider 3 · 0⤊ 0⤋
Chances are there is nothing you can do about it. Somewhere in the weasel words (small print) it will say something like "A visual inspection of the plumbing was carried out and no faults were immediately evident, however, it may be advisable to get the plumbing inspected by a specialist plumber"
Its the however bit that is the killer - as most people will not have engaged a specialist plumber to verify the visual inspection carried out by the surveyor. Chances are the best you can do is claim on you contents insurance policy.
2006-12-05 10:43:21 · answer #3 · answered by Mark R 2 · 0⤊ 0⤋
If the leak was in the kitchen ceiling, and was not apparent (drips or damp patch) when the survey was carried out, then I doubt very much if the surveyor was at fault. They don't have X-ray vision, and nobody would consent to their house being surveyed if it meant having all the floorboards upstairs ripped up to check the plumbing etc beneath.
In any case, you would have a job proving that the leak existed on the day of the survey.
2006-12-05 19:31:05 · answer #4 · answered by andrew f 4 · 1⤊ 0⤋
You say you had a full buyers survey carried out. There are a couple of types of survey as detailed below. It seems that you would not be in a postion to take this matter further because of the type of survey you had carried out.
Surveys.
The most popular is the' Home Buyers Survey and Valuation', closely followed by the 'Full Building Survey'
Home Buyers Survey and Valuation
The Homebuyers survey is specifically designed to offer advice on significant and urgent repairs likely to affect value, it does not generally cover minor items of disrepair. This type of service is considered to be a budget survey when compared to the Full Building Survey.
Full Building Survey
The Building Survey is suitable for all types of residential property and provides a full and detailed report of their construction and condition. Typically this type of survey is advised on older style property, those built of non-traditional construction and those properties which have been largely altered.
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2014-08-31 21:31:33 · answer #6 · answered by Anonymous · 0⤊ 0⤋
you really need to read the small print on you orignal survey,there will be something there like a get out clause,how long had you moved into the propperty before the leak developed ?think it would be quite hard to prove leak was apparent when the surveyor done his report,but not impossible,dosent your content insurance,cover this seems a little less coplicated then,the other,any way best of luck in you outcome,hope this helps
2006-12-05 11:34:57 · answer #7 · answered by nigel the builder 3 · 0⤊ 0⤋
I would speak with a solicitor
also check you home insurance, maybe that will cover the cost of the damage and they can go after the surveyor.
Also sometimes these people are imdemnified for such occurences, so if you do find you have a case he will pay up.
good luck and definately see a solicitor....
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2016-04-13 06:20:08 · answer #9 · answered by Anonymous · 0⤊ 0⤋
Soon after I moved into my house I noticed a large crack in an exteriour wall! It had not been spotted. No comeback, sorry. The survey is a complet waste of time and money
2006-12-05 20:40:09 · answer #10 · answered by Reg Tedious 4 · 0⤊ 0⤋