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JGM, Solicitor
Category: Law
Satisfied Customers: 12092
Experience:  30 years as a practising solicitor.
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I bought a property last year in Glasgow. The home report for

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I bought a property last year in Glasgow. The home report for the property said there were polystyrene ceiling tiles in the living room which should be removed because they were a fire hazard. Upon investigation it was found that the tiles were asbestos. I raised a complaint with the surveyors and subsequently an ombudsman. The latter appears to have concluded that the surveyor made an honest mistake but they were not negligent. I am now facing a bill of about £7k to remedy their mistake. Do I have any recourse in law? Adam
Thank you for your question.
I would have thought that a surveyor exercising reasonable competence would know the difference between polystyrene tiles and asbestos tiles however, the correct way to deal with this is to send the Home Report and a note of the circumstances to a senior surveyor for an expert opinion as to what a surveyor of ordinary competence would do.
If the opinion is that no surveyor of ordinary competence would have missed this then you have a case against the firm.
If it is his opinion that the surveyor's contractual remit was not to report on the ceiling tiles then you have no case.
Note that going through a complaints procedure, whilst possibly a cheap way of doing things, is not the same as pursuing a claim for negligence. The former is generally for service issues. To pursue the latter you will need a solicitor and evidence from an expert.
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