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Alex J.
Alex J., Solicitor
Category: Law
Satisfied Customers: 3671
Experience:  Solicitors 2 years plus PQE
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My mum and dad have bought a house marketed as a 4 bedroom

Customer Question

My mum and dad have bought a house marketed as a 4 bedroom house, 2 of which are in the loft. It turns out that the survey has not brought up what a shocking job has been done and there is no way this has been done to building regs. It is going to cost thousands to put right. Surely somewhere in the chain of buying a house this is what you pay all the relevant people for ? What can they do now ?
Submitted: 2 years ago.
Category: Law
Expert:  Alex J. replied 2 years ago.
Hi, Thank you for your question and welcome. My name is ***** ***** I will assist you. What you will need to do is establish whether the surveyor should have highlighted these issues in his/her report. If they should have but didnt then potentially they have been:(i) Neigligent;(ii) In breach of the implied condition under the Supply of Goods and Services Act 1982 S.13 that all services should be carried out with reasonable care and skill.In order to take this forward you need to do the following:1. Write to surveyor and find out why this was missed from the survey report;2. Instruct an independent surveyor to confirm in their opinion whether this should have been noticed.If this should have bee covered by the survey then you will have grounds to sue the surveyor for the loss incurred as a result of having to rectify the damage. Surveyors have professional indemnity insurance, so if you are successful in obtaining a Judgment there will be an insurance policy you can claim against.I look forward to hearing from you.Kind regardsAJ
Customer: replied 2 years ago.

Hello AJ, should they solicitor have picked up also with there being no building regs and the property being marketed as a 4 bedroom house ?

Expert:  Alex J. replied 2 years ago.
Hi, Thank you. Yes the solicitor should have noticed if there were no building regs for a 4 bed house. This however is not so much of issue unless an enforcement notice is served. Also if the council are not aware of it, you may be able to obtain insurance against it. It is worth asking the solicitor to explain why they did not report on this. Kind regards AJ