Compensation for negligent Surveyor advice
At Nelsons, our team of professional negligence claims solicitors in Derby, Leicester and Nottingham are experts in bringing negligence claims against surveyors and will be able to guide you through the steps required to bring a successful conclusion to your case. This includes explaining the options for funding a surveyor negligence claim and the legal procedures required to bring a claim through the Court.
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Understanding surveyor negligence
Like other professionals, surveyors must ensure that they use reasonable care and skill when undertaking work for a client. Surveyors can be used by individuals and businesses alike. Surveyors are usually instructed to assist clients in a couple of different areas. The first is to undertake a valuation of a property, and the second is to undertake an inspection and survey of a property.
In terms of inspections and surveys, the extent of a surveyor’s duty of care will depend on the type of survey a surveyor is asked to undertake. There are three main types:
- A Mortgage Valuation Report;
- A HomeBuyer Report; and
- A Building Survey.
Each survey is more costly than the next and more importantly, covers a greater level of detail about the property. As such, if a client simply selects a Mortgage Valuation Report, the duty owed to a client will be extremely limited as it only covers a very basic level of inspection. At the other end of the spectrum, there is a Building Survey. The duty owed by a surveyor undertaking this will be much greater given the need to go into far more detail about the condition of the property.
Surveyor negligence occurs when a surveyor fails to meet the standard of care expected of a reasonably competent professional in their field. This can result in various issues, including:
- Failure to identify significant structural defects
- Inaccurate property valuations
- Overlooking subsidence or other ground stability issues
- Missing signs of damp, rot, or infestation
- Errors in measuring property dimensions
- Failing to identify planning or building regulation breaches
If you’ve relied on a surveyor’s report and subsequently discovered issues that should have been identified, you may have grounds for a professional negligence claim.
Meet the team
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Daniel BrumptonPartner & Solicitor
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Chris ChanPartner & Solicitor
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Simon WaterfieldPartner & Solicitor
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Charlotte DowdyAssociate & Solicitor
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Anika ZahidAssociate & Solicitor
How we can help with surveyor negligence claims
Professional negligence claims against surveyors can be brought by both individuals and businesses alike.
At Nelsons, we have an experienced team of experts, who can help and guide you through these complicated claims from start to finish. The team is led by Partner, Daniel Brumpton, who is a leading individual, recognised in independently researched legal directories, such as The Legal 500.
We have experience in a wide range of surveyor negligence claims, including:
- Residential property surveys
- Commercial property valuations
- Building surveys for lenders
- Dilapidations surveys
- Party wall surveys
- Structural surveys
We have acted in numerous claims against surveyors. For example:
- We acted for an individual who purchased a property in reliance on a Building Survey. The survey failed to identify serious problems with the roof. With our help, the client was able to successfully argue that he overpaid for the property to the tune of £100,000.
- We acted for a developer who identified a new investment site. In reliance on the advice of a Surveyor the client overpaid for the site. This only became clear when the site was put up for sale a short time later.
- We acted for an individual who purchased a property on the strength of a HomeBuyer Report, which confirmed the property was free from defects, only to find that it suffered from severe dampness. The client successfully claimed the difference in value between the purchase price and the property’s actual value with the defect.
Our process
Our expert team offers comprehensive support throughout the claims process:
- Initial assessment – We’ll review your case, including the surveyor’s report and any subsequent findings, to determine if you have grounds for a claim.
- Evidence gathering – Our team will help collect and analyse all relevant documentation, including correspondence with the surveyor, property records, and expert opinions.
- Claim quantification – We’ll work with you to accurately assess the financial impact of the surveyor’s negligence, including repair costs, loss of value, and any other related expenses.
- Negotiation – Our experienced lawyers will engage with the surveyor’s insurers to seek a fair settlement without the need for Court proceedings where possible.
- Litigation support – If a settlement can’t be reached, we’ll represent you throughout the litigation process, ensuring your case is robustly presented in Court.
- Alternative Dispute Resolution (ADR) – We’re skilled in various forms of ADR, including mediation, which can often lead to quicker and more cost-effective resolutions.
Why choose Nelsons for Your surveyor negligence claim?
- Expertise – Our professional negligence team has a proven track record in handling complex surveyor negligence cases.
- Industry knowledge – We have a deep understanding of surveying standards and property law, allowing us to build strong cases.
- Respected reputation – Our firm is recognised for its excellence in professional negligence claims by independently researched directories.
- Full-service support – As a full-service law firm, we can address any related legal issues that may arise during your claim.
- No win, no fee options – In certain cases, we can offer conditional fee agreements to make legal action more accessible.
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Surveyor Negligence Claims Solicitors FAQS
Below, we have answered some frequently asked questions concerning surveyor negligence claims
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Surveyor negligence claims
Surveyors, like other professionals, must ensure that they use reasonable care and skill when undertaking work for a client. Surveyors can be used by individuals and businesses alike. Surveyors are usually instructed to assist clients in a couple of different areas. The first is to undertake a valuation of a property, and the second is to undertake an inspection and survey of a property.
Professional negligence claims against a surveyor can be pursued where their valuation falls outside an accepted bracket of possible valuations for that property.
In terms of inspections and surveys, the extent of a surveyor’s duty of care will depend on the type of survey a surveyor is asked to undertake. There are three main types:
- A Mortgage Valuation Report;
- A HomeBuyer Report; and
- A Building Survey.
Each survey is more costly than the next and more importantly, covers a greater level of detail about the property. As such, if a client simply selects a Mortgage Valuation Report, the duty owed to a client will be extremely limited as it only covers a very basic level of inspection. At the other end of the spectrum, there is a Building Survey. The duty owed by a surveyor undertaking this will be much greater given the need to go into far more detail about the condition of the property.
In order to prove that a surveyor has breached the duties referred to above, it is usual for a client to obtain a report from another surveyor to comment on whether the work undertaken fell below the standard to be expected. This is something we can discuss and provide assistance in obtaining.
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Examples of surveyor negligence
The list below is not intended to be exhaustive so if you think you have a claim against a surveyor, and you cannot see an example below, please contact us for a no-obligation initial telephone assessment.
- Where a surveyor is instructed to undertake a valuation of a property the law states that if the surveyor misvalued the property (outside a reasonable margin) then the surveyor will have breached their duty to the client. The client will then be able, in most circumstances, to recover the difference between the negligent valuation and the actual valuation.
- Where a surveyor is instructed to undertake, for example, a HomeBuyer Report, and in undertaking that inspection fails to spot and/or report on any defects that were obvious (or should have been obvious) then the surveyor will be negligent. In circumstances where a surveyor fails to observe and report defects to a property, the typical loss that a client can recover is the overpayment they have made for the property. Put another way the difference between the purchase price and the actual value of the property.
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