Compensation for negligent Surveyor advice
Our experts have a detailed understanding of bringing professional 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 claim and the legal procedures required to bring a claim through the court.
We are able to offer a no obligation initial telephone assessment to give you an understanding of the merits of your potential claim, so please feel free to contact us or complete our contact form and we will call you back to discuss your case.
Suing a Surveyor
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.
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 mis-values 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 on 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.
How Nelsons Can Help You
Professional negligence claims against Surveyors can be brought by both individuals and businesses alike. At Nelsons we have experienced Partners and Solicitors, who can help and guide you from start to finish.
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 damp. The client was able to successfully claim the difference in value between the purchase price and the actual value of the property with the defect.
“Nelsons...client roster includes high-net-worth individuals, sports professionals and property businesses. It handles claims against solicitors and barristers, financial advisers, insurance brokers, surveyors and architects, among others. It has a notable specialism in defending professionals against claims where there is no insurance cover in place or where cover has been reserved. Although it predominantly acts for claimants, the team is also engaged by insurance companies on the defendant side.”Legal 500