old man Posted February 13, 2021 Report Share Posted February 13, 2021 An illustration of the situation allowed to continue here, possibly to allow fees to flow freely? My daughter and partner have just been let down for the second time after again forking out surveyors fees etc. The first occasion related to known undeclared ground instability the second to not having building works signed off after the removal of a load bearing wall and other major works. Surveyors and other fees paid out to fail circa £2000.00, neither estate agents nor vendors give a flying fig. Now looking at possible ways to recoup? Needs some serious regulation? Quote Link to comment Share on other sites More sharing options...
Fisheruk Posted February 13, 2021 Report Share Posted February 13, 2021 If you can prove that the vendors had knowledge then a simple letter before action to the vendor and a County Court summons, the threat of action might get a response to reimburse the wasted fees. Quote Link to comment Share on other sites More sharing options...
TIGHTCHOKE Posted February 13, 2021 Report Share Posted February 13, 2021 But without the surveyors report they may have proceeded and bought a lemon. Quote Link to comment Share on other sites More sharing options...
oscarsdad Posted February 13, 2021 Report Share Posted February 13, 2021 Isn’t that the point of the report? To mitigate the risk of buying a dodgy house? They haven’t wasted £2k, they’ve saved hundreds of £thousands Quote Link to comment Share on other sites More sharing options...
Newbie to this Posted February 13, 2021 Report Share Posted February 13, 2021 I think the point is, that which was picked up should have already been declared, hence the survey would not be necessary as no interest would have been shown in the property. Quote Link to comment Share on other sites More sharing options...
TIGHTCHOKE Posted February 13, 2021 Report Share Posted February 13, 2021 1 minute ago, Newbie to this said: I think the point is, that which was picked up should have already been declared, hence the survey would not be necessary as no interest would have been shown in the property. And how do you prove that? Quote Link to comment Share on other sites More sharing options...
Lloyd90 Posted February 13, 2021 Report Share Posted February 13, 2021 27 minutes ago, TIGHTCHOKE said: But without the surveyors report they may have proceeded and bought a lemon. Yes I was thinking that! Report worth every Penny. Woman in my work just knocked though a wall to find out her house is not brick built but in fact a pre-fab with some walls bricked up at a later date to appear it is solid. The previous owners were aware because their father owned the home and did the work bricking it up! They didn’t declare any of it. The house now apparently worth about £80k less than suspected when they bought it. Going to cost a fortune to put it right. The sellers are claiming they’ knew nothing about it. Quote Link to comment Share on other sites More sharing options...
Newbie to this Posted February 13, 2021 Report Share Posted February 13, 2021 10 minutes ago, TIGHTCHOKE said: And how do you prove that? 52 minutes ago, old man said: The first occasion related to known undeclared ground instability the second to not having building works signed off after the removal of a load bearing wall and other major works. I was going by the above Quote Link to comment Share on other sites More sharing options...
TIGHTCHOKE Posted February 13, 2021 Report Share Posted February 13, 2021 1 minute ago, Newbie to this said: I was going by the above But how would it be provable in court? Quote Link to comment Share on other sites More sharing options...
Newbie to this Posted February 13, 2021 Report Share Posted February 13, 2021 23 minutes ago, TIGHTCHOKE said: But how would it be provable in court? Who mentioned court, I was going by the statement "related to known undeclared ground instability" if this was declared I very much doubt his daughter and her partner would've even looked at the property, so no need for a survey and no need for court. The same goes for the building works. Quote Link to comment Share on other sites More sharing options...
TIGHTCHOKE Posted February 13, 2021 Report Share Posted February 13, 2021 Just now, Newbie to this said: Who mentioned court, I was going by the statement "related to known undeclared ground instability" if this was declared I very much doubt his daughter and her partner would've even looked at the property, so no need for a survey and no need for court. The same goes for the building works. Yes I accept that, but it wasn't and the OP is seeking redress. Quote Link to comment Share on other sites More sharing options...
TRINITY Posted February 13, 2021 Report Share Posted February 13, 2021 The general rule of thumb when buying property is BUYER BEWARE ! I have recently got to the stage only last month where I was sat in the solicitors office with cash ready to complete. I was aware of a couple of issues but the solicitor then pointed out a couple of more on the documents. I slept on it 24hrs and pulled out. Yes it cost me the survey and legal fees but that's the name of the game. I have bought and sold loads of property and I can usually sniff a 'wrong un' but you have to accept these things A few years ago it was the law for the seller to provide an information pack that was supposed to cut out many costly pitfalls but the scheme was short lived. Quote Link to comment Share on other sites More sharing options...
Dave at kelton Posted February 13, 2021 Report Share Posted February 13, 2021 Why is a house any different to anything else you buy? It is your obligation to satisfy yourself as to what you are buying. That is why you have surveys carried out and lenders have independent valuations. Unless the seller is deliberately concealing anything or misstates anything in pre contract enquiries it is for the buyer to carry out the checks and surveys. It’s called Caveat Emptor and has nothing to do with regulation. if the agent knew and failed to disclose then you can take an action under the consumer protection regulations. I guess the vendor said nothing to the agent being under no obligation to. Quote Link to comment Share on other sites More sharing options...
Newbie to this Posted February 13, 2021 Report Share Posted February 13, 2021 3 minutes ago, TIGHTCHOKE said: Yes I accept that, but it wasn't and the OP is seeking redress. Yep, I see your point. Without a massive shake up of the system, ie. the seller having to pay for the survey from an independent surveyor, this will just be a risk of buying a property. Quote Link to comment Share on other sites More sharing options...
Mungler Posted February 13, 2021 Report Share Posted February 13, 2021 Long story short, it’s all ‘subject to contract’ and there’s no redress. Get your own legal advice etc. Your all welcome to keep talking about misrepresentation, consumer this that and the other or suing the estate agents. When you’ve finished and want the answer, read the first sentence above, again 😆 Quote Link to comment Share on other sites More sharing options...
garjo Posted February 13, 2021 Report Share Posted February 13, 2021 As someone who's just moved I do sympathise. It's so hard to get surveyors, building reports, searches, removals etc. With hindsight, don't think it was a good idea to move during a pandemic. Quote Link to comment Share on other sites More sharing options...
Fisheruk Posted February 13, 2021 Report Share Posted February 13, 2021 3 hours ago, Lloyd90 said: Yes I was thinking that! Report worth every Penny. Woman in my work just knocked though a wall to find out her house is not brick built but in fact a pre-fab with some walls bricked up at a later date to appear it is solid. The previous owners were aware because their father owned the home and did the work bricking it up! They didn’t declare any of it. The house now apparently worth about £80k less than suspected when they bought it. Going to cost a fortune to put it right. The sellers are claiming they’ knew nothing about it. Good reason to have a survey prior to purchase, then the surveyor would be responsible for the loss. Quote Link to comment Share on other sites More sharing options...
Lloyd90 Posted February 13, 2021 Report Share Posted February 13, 2021 4 minutes ago, Fisheruk said: Good reason to have a survey prior to purchase, then the surveyor would be responsible for the loss. Afraid not. They did have a full survey which didn’t show up the issue. There are certain get out clauses. They wouldn’t have known about this issue without knocking the wall down. The surveyor can only be expected to find reasonable stuff, not smash the house apart to check everything. I spoke with her for an update just now, she said there’s nothing they can do the family just claiming they didn’t know it was prefab despite it being their dad who had all the work done to brick up the outside walls etc. They can’t prove that they knew so they’re stuffed! Quote Link to comment Share on other sites More sharing options...
Zapp Posted February 13, 2021 Report Share Posted February 13, 2021 We are just getting ready to buy my late father's house and my wallet is already aching. Quote Link to comment Share on other sites More sharing options...
matone Posted February 13, 2021 Report Share Posted February 13, 2021 Having recent and ongoing interest (selling) in the property market,I think it`s a for too lightly regulated zoo,needing some far reaching intervention from the powers that be!! It`s a market permeated by fools,dreamers and con artists ,most of whom need to have a reality check and stop watching silly TV programs and imagining themselves to be property tychoons and market players............ Quote Link to comment Share on other sites More sharing options...
ShootingEgg Posted February 14, 2021 Report Share Posted February 14, 2021 12 hours ago, Lloyd90 said: spoke with her for an update just now, she said there’s nothing they can do the family just claiming they didn’t know it was prefab despite it being their dad who had all the work done to brick up the outside walls Surely their would be be some form of documentation to say it was a prefab deeds/title docs would show construction, as for thr family saying they didn't know... That's got to be false. But proving it wouldn't be easy Quote Link to comment Share on other sites More sharing options...
WalkedUp Posted February 14, 2021 Report Share Posted February 14, 2021 The housing market and conveyancing system in England is broken. If the vendor was responsible for paying for a RICS survey and produce a proper sales pack then life would be much easier. You can have 5 or 6 potential buyers waste money on individual surveys on a lemon, costing the vendor not a penny. My sister got gazzumped I’m moving day so was made homeless during the pandemic. Quote Link to comment Share on other sites More sharing options...
Mungler Posted February 14, 2021 Report Share Posted February 14, 2021 12 hours ago, Lloyd90 said: Afraid not. They did have a full survey which didn’t show up the issue. There are certain get out clauses. They wouldn’t have known about this issue without knocking the wall down. The surveyor can only be expected to find reasonable stuff, not smash the house apart to check everything. I spoke with her for an update just now, she said there’s nothing they can do the family just claiming they didn’t know it was prefab despite it being their dad who had all the work done to brick up the outside walls etc. They can’t prove that they knew so they’re stuffed! And this is where local knowledge counts - use solicitors and surveyors from the locality. The current trend is to use the cheapest from centralised factories miles away. 6 minutes ago, WalkedUp said: The housing market and conveyancing system in England is broken. If the vendor was responsible for paying for a RICS survey and produce a proper sales pack then life would be much easier. You can have 5 or 6 potential buyers waste money on individual surveys on a lemon, costing the vendor not a penny. My sister got gazzumped I’m moving day so was made homeless during the pandemic. Yes it does need a dose of modernisation. Quote Link to comment Share on other sites More sharing options...
al4x Posted February 14, 2021 Report Share Posted February 14, 2021 How do you get gazumped on moving day? Surely contracts have been exchanged and penalties are then in place.... we’re going through it at the moment, accepted an offer on our last house at the start of the first lockdown and moved out in July. Got our purchase going through at the moment and bearing in mind we are cash buyers no chain and the house we are buying is probate it’s as simple as should be yet slightly stumped by a private road issue.... we will get there but it sure feels like we are doing all the running. Don’t get me started on surveyors as the reports I’ve seen over the year are verging on comical. We tend to buy project houses so i’m happier with my builder looking at them as that’s worked well so far Quote Link to comment Share on other sites More sharing options...
Mungler Posted February 14, 2021 Report Share Posted February 14, 2021 (edited) 6 minutes ago, al4x said: How do you get gazumped on moving day? Surely contracts have been exchanged and penalties are then in place.... we’re going through it at the moment, accepted an offer on our last house at the start of the first lockdown and moved out in July. Got our purchase going through at the moment and bearing in mind we are cash buyers no chain and the house we are buying is probate it’s as simple as should be yet slightly stumped by a private road issue.... we will get there but it sure feels like we are doing all the running. Don’t get me started on surveyors as the reports I’ve seen over the year are verging on comical. We tend to buy project houses so i’m happier with my builder looking at them as that’s worked well so far During Covid most were doing exchange and completion on the same day (something we try to avoid at all cost because experience tells us it’s a recipe for disaster for all sorts of reasons). If you exchanged and aimed for completion in + 2 or 4 weeks, well, no one knew what would be happening in 2 weeks, what level of lockdown we would be in or whether you could get a removal company booked. That’s how you get gazumped on completion day - the vendor just says ‘no thanks, a better offer has materialised’, and who doesn’t like more money? Edited February 14, 2021 by Mungler Quote Link to comment Share on other sites More sharing options...
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