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Ash, Solicitor
Category: Law
Satisfied Customers: 10916
Experience:  Solicitor with 5+ years experience
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I am a seller of a house and I accepted an offer of 300k

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I am a seller of a house and I accepted an offer of 300k from buyers with a mortgage in place in April 16.
The buyers were denied the mortgage due to a structural survey which stated supporting walls had been removed internally. This delayed everything so much that the prices dropped dramatically in the time it took the buyers to go to another lender who subsequently could only lend the current value which had dropped by 15k to 285k.
I would like to sue the surveyor for loss of earnings from my property. He stated that internal walls had been removed in the property when no internal walls had ever existed, he advised it would need 5k of work to add supports. When it was communicated to him that no walls were ever there he amended his survey and put in a lower estimate of works needed at 2k but didn't retract the points about the walls which ultimately resulted in the mortgage lenders pulling out. (I have both reports which shows he changed his mind on the cost of works). The points mentioned in his survey about the compromised structural integrity are fictional, there's no evidence to support the claims.
Subsequently a recent survey from a different lender passed with no mention of any structural issues.
The surveyor in my opinion caused losses of 12.5k due to his report blocking the mortgage of 300k which was the value of the property at the time. By the time buyers sorted out a new mortgage the house price had dropped by 15k in the area.
Are there grounds to sue the surveyor?

Hello Scott my name is ***** ***** I will help you.

Did you instruct the surveyor please?

Customer: replied 1 year ago.
No, the mortgage company / buyers instructed him.

Ok then you cant sue the surveyor. You have no contract, therefore there is no locus for you to sue.

You can't claim negligence because there is no duty of care to you.

So sadly Scott you can't sue.
I am sorry if this is not the answer you want and certainly not the one I want to give you, but I have a duty to be honest.

Can I clarify anything for you about this today please?

Customer: replied 1 year ago.
I realise I don't have a contract with the surveyor but the surveyor made false claims about my house that resulted in a loss of earnings, the house was buy-to-let and is income for me. Does it not work the same way like if someone were to publish false statements that led to loss of employment? I have incurred damages due to false information. Seems unjust that someone can make false statements which causes such damage and not be held accountable.

Not necessarily - that would be defamation which is covered by the 2013 Act. Even then you would have to issue High Court proceedings and show you have suffered serious harm

The cost of going to trial would be circa £30,000. Being wrong and being defamed are entirely different.

Does that clarify?

Customer: replied 1 year ago.
there's no route to make a claim? How about the ombudsman?

Sadly not. There is no Ombudman for surveyors. I am sorry.

If this answers your question could I invite you rate my answer before you leave today.If you don't rate then the site does not pay me for the time I have spent answering your question.

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