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Homebuyers survey missed asbestos

Successful compensation claim made after a Homebuyers survey missed asbestos

If your Homebuyers survey missed asbestos call us for a free case assessment and details of no win, no fee funding.

Our client instructed a surveyor to carry out a Homebuyers survey on a property he wished to purchase.  The surveyor carried out an inspection and submitted his Homebuyers survey report. It made reference to Artex on the ceilings and the presence of plasterboard, but the report gave no indication that they posed a problem. Nor was any recommendation made for further investigations to be carried out at the property. Accordingly our client proceeded with his purchase.

Having moved in he commenced some building works. This led him to discover that the walls were in fact made of asbestos cement and that many of the rooms in the house had asbestos both in the ceilings and in the walls.  By the time this was discovered the asbestos had been disturbed. As a result our client and his family had to vacate the premises immediately.

We agreed to pursue a compensation claim on a No Win, No Fee basis based on the allegation that the Homebuyers survey missed asbestos.

The surveyor argued that by referencing the possibility of asbestos in his report this was sufficient warning of the existence of asbestos in the property. Furthermore, he said that he could not have ascertained whether the walls contained asbestos of not.

This defence was rejected by us. Even the most superficial inspection of the walls by a competant surveyor would have given an indication of their likely composition. Furthermore RICS guidelines are specific in that a surveyor must positively identify the risk of asbestos and recommend that it be investigated by an asbestos specialist if the surveyor is not qualified to investigate it themselves.

The case ultimately settled out of court with out client receiving a satisfactory level of compensation for the losses suffered by him.

If your survey missed asbestos and you are looking for experienced professional negligence solicitors to make a surveyor’s negligence claim on a No Win, No Fee basis then call our free legal helpline for a case assessment on 0808 139 1595 or send brief details of your case to us at [email protected] and we will get straight back to you with our recommendations.

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This website www.proneg.co.uk has been in operation for more than 20 years, making it one of the longest established professional negligence resources available on the internet.

It is run by Slee Blackwell Solicitors LLP, an award winning firm of solicitors specialising in professional negligence law. We have been awarded Lexcel accreditation by The Law Society for excellence in client care and the firm is included in the independent guide to the legal profession, The legal 500.

We represent claimants nationwide and are usually able to offer No Win, No Fee funding where the prospects of success are good and the value of the compensation claim exceeds the small claims court financial limit of £10,000.

A member of our specialist team will be happy to provide you with a free assessment of your case. Simply contact us by phone or email.

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