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Aston Lawyer
Aston Lawyer, Solicitor
Category: Law
Satisfied Customers: 10730
Experience:  Solicitor LLB (Hons) 23 years of experience in Conveyancing and Property Law
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I am selling my property and the buyer arranged for a survey

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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?

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.

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


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