How JustAnswer Works:
  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.
Ask Buachaill Your Own Question
Buachaill
Buachaill, Barrister
Category: Law
Satisfied Customers: 10534
Experience:  Barrister 17 years experience
53108719
Type Your Law Question Here...
Buachaill is online now

I've bought a house under the assumption that the paid independent

Resolved Question:

I've bought a house under the assumption that the paid independent survey I had done was correct, after moving in we found serious structural faults with the house and our structural engineer has deemed it unsafe.
Do I have a case to get everything put right with the house that the survey hasn't mentioned? Would the surveyors pay for this?
Submitted: 1 year ago.
Category: Law
Expert:  Buachaill replied 1 year ago.
1. Dear *****, the surveyors are liable to you for professional negligence for failing to spot the structural defects in your house when surveying it before you purchased it. It is a breach of duty owed to a client for a surveyor to fail to properly survey a property and to notice structural defects which should have been discoverable.
Expert:  Buachaill replied 1 year ago.
2. You are entitled to have any structural defects put right which would have been discoverable had the survey been properly done. This may not mean that all defects are recoverable - only those which the survey ought to have spotted. Accordingly, you should now get an expert surveyor to carry out a survey to assess what should have been discovered when the survey. Ultimately, you will have a claim against the surveyors who did the survey and they will have professional indemnity insurance to cover the loss.
Expert:  Buachaill replied 1 year ago.
3. The expert structural survey is necessary so as to ensure you are clear of your ground when asking the surveyors to reimburse you for any loss you have suffered. In this way, you have the negotiating tools available to say, categorically, that such and such defect ought to have been noticed if the survey had been done properly.
Expert:  Buachaill replied 1 year ago.
4. Be aware that the costs of living elsewhere whilst the house is unsafe are also recoverable. However, only reasonable living costs are recoverable, not a suite in the Ritz! However, all associated costs flowing from the defective survey are recoverable.
Expert:  Buachaill replied 1 year ago.
5. Please RATE the Answer as unless you RATE the answer your Expert receives none of the money you have paid the website so there is no incentive to answer any more questions.
Buachaill and 2 other Law Specialists are ready to help you

Related Law Questions