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Can I sue my buyers valuer for effecting my sale, Help

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  • Can I sue my buyers valuer for effecting my sale, Help

    I accepted an offer on a recently extensively renovated house of mine, the buyer then had their home buyers survey done. This report came back with a large number of inaccuracies, quotes of regulation that is incorrect and gross over exaggeration of points.

    This isn't the first time I've had this surveyor do this to me, on a previous sale the buyer complained and the survey company sent out a second valuer who wrote an accurate report and the sale continued.

    I took his report to my local building control surveyor and another independent building surveyor to write an accurate counter report to highlight his errors. This was then sent to the said valuer and the buyer, both who dismissed it as not independent as i wrote the report on advice i received.

    It was at this point it came to light that off the record (not written and with no reason given) this said valuer had advised these buyers not to buy the house from me! I offered to pay for the buyer to be taken around the house by another building surveyor to show them what has been described to them, they declined.

    My solicitor advised me to ask the buyers to write to us telling us what was said by the valuer so we could put this to the valuers firm to complain but the buyer then came back to us saying they no longer want to buy the house on the grounds of what the valuer told them!

    Please help with any advice.

  • #2
    Re: Can I sue my buyers valuer for effecting my sale, Help

    A lot easier to put it back on the market and hope new buyer uses a different surveyor!

    You are going to cause yourselves an awful of of stress, hassle and expense by getting worked up about this. It is annoying but surely shouldn't really affect future potential buyers.
    RICHARD WEBSTERwww.rwco.co.uk
    As a conveyancing solicitor I want to be helpful (England/Wales only) but can't accept liability for this.

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    • #3
      Re: Can I sue my buyers valuer for effecting my sale, Help

      Originally posted by Chris CKproperties View Post
      My solicitor advised me to ask the buyers to write to us telling us what was said by the valuer so we could put this to the valuers firm to complain but the buyer then came back to us saying they no longer want to buy the house on the grounds of what the valuer told them!

      Please help with any advice.
      Sometimes people lie about these things simply to have something to haggle with.

      I remember a few years ago my Mum was looking to buy a certain property, and her surveyor report came back suggesting the property had a few small issues but otherwise market value was significantly below what was being asked for.

      The home owner claimed the surveyor had been rude and absuive and was trying to mark the property down as a vendentta.

      Later on the truth emerged that the property owner was simply a silly cow looking to get a higher price than anyone would accord, and trying to defame the surveyors who disagreed with her personal opinion.

      Bottom line - when people claim surveyors are wrong, could just be that the person in the property buying process is a twat looking to get one over on you.

      My mum never proceeded with the purchase, not surprisingly.

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      • #4
        Re: Can I sue my buyers valuer for effecting my sale, Help

        I believe, property issues just suck the blood of an individual before getting them solved. So, it is always better to consult some experienced lawyer specialized in this field and he can make your issue easy to solve and get some legal and proper solution in your favor.
        Law Firms

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        • #5
          Re: Can I sue my buyers valuer for effecting my sale, Help

          You could sue the surveyor for professional negligence if the points he raised are not valid or genuine.

          I think he is just being professional and you prefer less thorough surveyors!
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          • #6
            Re: Can I sue my buyers valuer for effecting my sale, Help

            You could sue the surveyor for professional negligence if the points he raised are not valid or genuine.
            1. Does someone else's surveyor owe a duty of care to the seller of a property?

            2. If he does what is your loss? You would have to prove that this particular buyer was prepared to pay £xxx,xxx and

            a) the next buyer was only prepared to pay a lesser sum and that lower offer was a consequence of the surveyor's involvement or

            b) the first buyer would definitely proceeded had it not been for the surveyor's advice (how can you prove that?) and the market had gone down in the mean time and you therefore missed the opportunity of selling at a higher price.

            Very difficult and expensive to prove that lot so my original advice still stands:

            A lot easier to put it back on the market and hope new buyer uses a different surveyor!

            You are going to cause yourselves an awful of of stress, hassle and expense by getting worked up about this. It is annoying but surely shouldn't really affect future potential buyers.
            RICHARD WEBSTERwww.rwco.co.uk
            As a conveyancing solicitor I want to be helpful (England/Wales only) but can't accept liability for this.

            Comment


            • #7
              Re: Can I sue my buyers valuer for effecting my sale, Help

              You should also ask yourself before going through the hassle, that if you got any of the issues raised on the survey rescinded, would the buyer still go through with the purchase? I suspect the damage has already been done.
              Free Guides For First Time Buyers!

              www.FirstTimeBuyerGuru.com

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