There are many different scenarios that could be categorised as surveyor negligence. It’s important to gain a clear understanding of these, and seek appropriate legal advice if you wish to make a claim.
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Deciding to purchase property, whether a commercial property or residential property, is a huge milestone for many people. As purchasing property is such a large transaction, we will often place great trust in the professionals who guide us through the process. As part of this, most prospective purchases will involve some kind of survey before the purchase actually takes place.
Some of the most common issues people discover after they have purchased their property include:
Generally, a surveyor’s report will form the basis of the property transfer, as well as any legalities that may arise. Whilst surveyors are given some margin for error, because of fluctuating house prices and undetectable issues, when they fail to exercise the necessary competence, this may give rise to a negligence claim. Not only may negligent property valuations render the client at a financial loss, but a serious problem with a property may put residents in danger. An example of a surveyor being negligent in their report would be if they understate a serious issue such as rot or damp as they have incentives, such as being awarded commission on the sale of the house, to do so. If the house’s valuation falls upon the revelation of the problem, then the homeowner will be in a financially burdensome position.
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In general you have six years from the date of neglect or omission to act to make a professional negligence compensation claim. However, there are some exceptions to this rule for instance you may bring a claim within 3 years of the date you could be said to have become reasonably aware of the alleged negligence. This time limit is referred to a limitation period.
It is important to speak to a legal team as early as possible to avoid any issues with limitation dates.
