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.
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.
No win no fee surveyor negligence claims advice
Our professional negligence solicitors may be able to help you get compensation for a negligent claim against surveyors. If you believe you could be eligible, call us today on 0808 164 0808 or request a call back.
Surveyor negligence claims FAQs
Below, we’ve answered some common question about surveyor negligence and the different types of surveyor negligence cases. We understand the uncertainty around the different circumstances of these sorts of claims, so if you require further guidance please get in touch.
What is surveyor negligence?
An example of surveyor negligence would be if your surveyor made a mistake when investigating the condition of your home, or with the valuation they placed on your home, leaving you at a financial loss that wasn’t your fault.
A surveyor’s job is to provide an accurate idea about the condition and value of the property. They should reveal any defects or damages to the property within their report so you are fully aware of what you are undertaking. This will then help you make an informed decision about whether to go ahead with the sale and the price you should pay for it.
If the information provided to you is proven to be inaccurate, this would be classed as surveyor negligence.
Not only do surveyors look at residential or commercial properties before they are bought, but they are also needed to assess damage to existing properties, as well as helping individuals decide whether to commence renovations. As such, there are many instances where things can, and do, go wrong.
What sorts of issues could there be at my property?
Some of the most common issues people discover after they have purchased their property include:
- Asbestos
- Uneven flooring
- Warped ceilings
- Damp and rot
- Wall tie failure
- Subsidence
- Presence of harmful plants such as Japanese Knotweed
If you’ve discovered any of the above issues, or another issue you believe was missed by a surveyor, call us on 0808 164 0808 today.
Can you provide an example of a negligent report?
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.
Further examples of surveyor negligence include:
- Negligent valuations (over or undervaluing a property, which may mean you pay an exaggerated purchase price)
- Insufficient surveys, inspections or reports
- Failure to recognise structural flaws (such as severe cases of damp or faulty beams)
- Failing to endorse additional investigations
- Failure to identify harmful substances such as asbestos
Suing for surveyor negligence: what can I claim?
It is often difficult to assess damages in cases of building surveyor negligence, due to the fluctuations in the property market meaning that naturally, house prices do alter after you have purchased them. In addition to this, it can be hard to show that a buyer would not have gone forward with the sale of a property had the issue been raised in the surveyor’s report.
Generally, an expert would be looked to for input as to what a proper value might have been at the time of a transaction, and then losses can be calculated more accurately.
As these types of claims can be complicated, it is advised that you seek legal guidance as soon as possible to determine whether your claim can be acted on. Contact us today if you wish to discuss your situation with our surveyor negligence lawyers.
What time limits are in place for surveyor negligence claims?
To make a compensation claim for surveyor negligence, you must take legal action within 6 years from the date on which the negligence occurred, or within 3 years from the date you first become aware of the negligence.
In some cases, there is a delay between when the negligence happened and when the consequences of the negligence became apparent, for example with structural damage that takes several years to show itself. In these circumstances, you would likely have 3 years from your date of knowledge to bring a claim (or when you should have known).
If you have been let down by your surveyor, and believe you have suffered a financial loss as a result, we would recommend you contact our dedicated surveyor negligence solicitors who will be able to assess whether your circumstances make you eligible to bring a surveyor professional negligence claim.
How are surveyor negligence compensation claims funded?
Our professional negligence lawyers are happy to discuss fee options and advise clients under a wide range of fee structures where appropriate, including working under:
- an existing legal expenses insurance (for instance check your home insurance to see if that covers you for certain legal claims)
- a fixed fee
- traditional hourly rate retainers
- a “No Win, No Fee” basis.
Contact our surveyor negligence solicitors
If you’ve discovered issues with your property since purchase, and you believe the report conducted by your surveyor was inadequate, get in touch with us today. Our solicitors will be able to talk you through your options and provide further guidance on negligence claims against surveyors. Call us on 0808 164 0808 or request a call back, and we will call you.
