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 Aston Lawyer Your Own Question
Aston Lawyer
Aston Lawyer, Solicitor
Category: Law
Satisfied Customers: 10635
Experience:  Solicitor LLB (Hons) 23 years of experience in Conveyancing and Property Law
16368554
Type Your Law Question Here...
Aston Lawyer is online now

I am selling my property and the buyer arranged for a survey

Resolved Question:

I am selling my property and the buyer arranged for a survey to be completed. The surveyor arrived and completed the survey, he told me that he was unable to enter into any discussions about the survey which was OK with me. My estate agent rang me to tell me that the survey had identified a blocked drain, I managed to contact the surveyor and asked why he did not make me aware of this, he again said that he could not discuss but would only say it was the drain in the back garden. We have only had one issue with the sewers in 25 years when a branch from a tree got into the system, which my neighbour and I cleared. However, I believe that the surveyor has a duty of care under H&S legislation to notify me that there was an issue. Sewage is classed as hazardous and therefore would his H&S responsibilities would have to take preference over any client confidence. Would that be correct?
Submitted: 1 year ago.
Category: Law
Expert:  Aston Lawyer replied 1 year ago.

Hi, I'm afraid the Surveyor was under no obligation or duty to notify you of this issue, and indeed any issue relating to the Survey. A Surveyor owes no duty under any H&S legislation to you and as you are aware, would be breaching confidentiality to his client had he discussed it with you. Sorry this is not the answer you were looking for. Kind Regards Al

Customer: replied 1 year ago.
Thanks. However surely everyone has a duty of care? If someone had been killed or injured and the surveyor had seen for instance 'dodgy' electrical wiring he would have to report that.
Expert:  Aston Lawyer replied 1 year ago.

Hi, I'm afraid you are incorrect in your thinking- a Surveyor does not owe any legal duty to notify a Seller of ANY issues he finds. His only duty of care is to his client.

Kind Regards

Al

Aston Lawyer and other Law Specialists are ready to help you