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Making a Surveyors Negligence Claim
The extent of the duty owed by the surveyor will vary from case to case and the nature of the survey being undertaken.
When considering whether there has been surveyor negligence we focus initially on the type of report that has been provided to the client.
The most detailed report is a full structural survey. A very high standard is expected from surveyors carrying out this type of survey. The least detailed report is a simple mortgage valuation. These reports usually contain very little information relating to the structure and condition of the property, and consequently the chances that the surveyor has breached his duty of care and that there is an actionable surveyors negligence claim are less likely. Nevertheless surveyors do get mortgage valuations wrong and we have successfully recovered compensation for our clients on this type of case.
Sitting between the mortgage valuation and the full structural survey is the Home Buyers Report. This is not as detailed as the full structural survey but they are nevertheless comprehensive documents and often give rise to surveyors negligence claims.
Whatever the type of survey was provided, most surveyors negligence claims will require some form of evidence from an independent surveyor. Professional negligence solicitors call this expert evidence and it is particularly important in surveyors compensation claims. We are highly experienced in dealing with expert witnesses and are able to locate top quality experts throughout the UK.
Surveyors negligence claims are also made where the surveyor has got the property valuation wrong. Whenever the housing market is depressed we see a rise in the number of surveyor/valuer compensation claims being made by home owners looking to recover crippling losses they have incurred from transactions that were made at the height of the property boom. Surveyors and valuers are allowed a certain amount of leeway when valuing a property; after all, valuation is not an exact science. However, if the valuation is very wide of the mark then a surveyor claim is likely to be possible. Each case is different and we are always happy to provide a free assessment of any potential surveyors negligence or valuers negligence claim.
One argument that is often used to avoid liability in a surveyor compensation claim is to say that if the surveyor was instructed by a mortgage lender then you do not have a direct contract and therefore cannot make a negligence claim. However, this is not correct. For more than 20 years the courts have regularly agreed that a consumer is entitled to bring a surveyors negligence claim, even where they did not instruct the surveyor direct. Accordingly, we stand firm whenever this “defence” is raised by lawyers representing the negligent surveyor, and we have enjoyed great success over the years in recovering compensation for our clients.
So, if you think your surveyor has missed a defect or failed to report accurately on your property and you wish to make a surveyors negligence claim then call us now on 0808 139 1595 for free initial advice and details of our No Win-No Fee funding options.
Alternatively, email us details of your surveyors negligence claim to firstname.lastname@example.org