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Professional Negligence Farleys Solicitors LLP
Professional Negligence Farleys Solicitors LLP

Surveyor Negligence Claims

Surveyor Negligence Solicitors

Whether you’re purchasing property as a homeowner, or for a business, the survey of a new property is always one of the most crucial stages of the buying process. A surveyor’s report will generally form the basis of the property transfer, as well as any associated legal issues or formalities.

Surveyors are therefore expected to deliver a thorough, diligent and meticulous service, according to the standards of the Royal Institution of Chartered Surveyors. Crucially, surveyors owe their clients a duty of care.

When a surveyor fails in this duty of care, they can make a mistake or omission that causes you significant financial loss, or other equally serious consequences. If you think you’ve suffered financially because of a surveyor’s mistake or negligence, you may be able to make a claim.

Fill in our contact form below, or give us a call on 0330 828 3987 to speak to one of our friendly solicitors today.

How we can help with surveyor negligence claims at Farleys

We have more than 60 years of experience behind us here at Farleys, and our professional negligence solicitors have a proven track record of helping our clients to reach satisfactory resolutions to their cases. Surveyor negligence can often be particularly frustrating because it may force you to put other aspects of your life on hold, especially if you can’t make use of the property as soon as you were planning to.

Whatever your circumstances, we always take the time to sit down with you and have a detailed discussion about the background to your case. From there, we can help you explore the various legal options available, and examine which one will likely bring you the most favourable outcome. At all stages, we aim to resolve professional negligence claims as quickly and efficiently as we can.

What is surveyor negligence?

Surveyor negligence is a relatively broad term that can be applied to a variety of situations, but essentially refers to any failure to hit the high standard of service that surveyors are obligated to provide. Claims against a surveyor are generally based on the principle that the standard of care fell below that of a reasonably competent professional.

Many surveyor negligence claims involve the failure to provide correct information (or providing incorrect information) which could lead to you making a major financial loss. In rare cases, it may even put you or others in physical danger from an unsound structure.

Surveyors are required to:

  • Provide an accurate impression of the condition and value of the property
  • Reveal any defects or damages to the property

They must do this so that you’re fully aware of all positive and negative aspects of the property in question, enabling you to make an informed decision about whether to go ahead with the sale, and the price you should pay for it. If surveyors do not (for whatever reason) provide this crucial information to you, it may form the basis of a surveyor negligence claim.

Contact a Specialist in Surveyor Negligence Claims

Wherever possible, Farleys will pursue your claim on a ‘no win no fee’ basis. We appreciate that any kind of legal case can often be stressful to navigate, so our solicitors take care to provide a friendly, personable approach that’s free from unnecessary legal jargon – making it easy for you to get all the key information you need to make informed decisions about your case.

Whatever the details of your surveyor negligence claim, you can rely on us to handle your case with diligence, efficiency, and flawless expertise.

For free initial advice on pursuing a claim, get in touch with our surveyor negligence claims solicitors today on 0330 828 3987, or contact us by email to arrange an appointment.

[FAQs]

What sort of issues might affect a property?

A crucial element of a surveyor’s role is to assess damage to existing properties, and provide key information about any damage or defects, so that their clients can make informed decisions about whether or not to go ahead with renovations.

Some of the most common issues that may affect a property include (but are not limited to):

Asbestos

Asbestos was regarded as a highly useful building material until the 1990s, when its devastating health risks became more widely known. As a result, its usage was banned in all new buildings from 1999, but it may still be present in properties built before this date. Its long, thin fibres can easily become trapped in the lungs when inhaled, causing health complications that can sometimes be terminal. It’s widely regarded as one of the most critical health risks that a building can pose to its occupants.

Subsidence

Subsidence refers to the ground under your property sinking. It can have a variety of causes, some of which are natural and some of which are man-made. Either way, though it can cause a major threat to the structural stability of the property, moving the walls and floors from their groundwork, and leading to cracks and other damage that can be potentially very dangerous.

Harmful plants

Japanese knotweed is one of the most significant examples of harmful plants that can be found to affect a property. While it rarely poses a direct threat to humans (besides some mild skin irritation), its main characteristic is that it can grow very quickly, and that can result in damage to building structures. It’s been known to block drains for example, and it can sometimes be found attempting to grow through cracks in masonry, which can widen them further and weaken the entire structure as a whole.

Damp and rot

If there’s any untreated damp in the property, it may cause timber and other materials to become soft and spongy. This can weaken their structural integrity, potentially increasing the risk of collapse. Besides being unsightly, damp areas can cause further issues in that they can become a breeding ground for insects, rodents and other pests.

What are the different types of surveyor negligence?

There’s a wide variety of situations and circumstances that can give rise to surveyor negligence claims. Some of the most common reasons that have resulted in clients suing a surveyor for negligence include:

Valuations

  • Incorrect valuations (overvaluations or undervaluations)
  • Failure to use appropriate comparable evidence when valuing the property
  • Failure to follow planning procedures, leading to wasted cuts
  • Over-valuing works completed by a contractor
  • Failure to advise on settlements when acting as an expert witness, leading to overpayments

Safety risks

  • Negligent survey report – failure to note defects (or something otherwise important) that could affect the value of the property
  • Failure to identify or report on a subsidence (ground instability)
  • Failure to recognise structural flaws (like severe cases of damp or faulty beams)
  • Failure to endorse additional investigations
  • Failure to identify harmful substances like asbestos

Lack of due diligence

  • Failure to inspect a property properly
  • Insufficient knowledge or experience
  • Insufficient surveys, inspections or reports

What is the time limit for making a surveyor negligence claim?

As with many other types of professional negligence claims, generally you must take legal action within 6 years of the date on which the negligence occurred.

The UK legal system does acknowledge that in some cases, there may be a delay between when the negligence occurred and when the consequences of it became apparent. In these circumstances, you may be allowed an additional 3 years from the “date of knowledge” to bring a claim.

However, it’s worth noting that these are only guidelines, and you may have less time to make a claim than you think. So, if you believe that you may have suffered from negligence, it’s important to contact us sooner rather than later so that we can assess the chances of success for your claim.

Why choose Farleys Solicitors?

Farleys Solicitors is a friendly, trusted, and straight-talking firm with over 60 years of experience in serving clients all over the North West and nationwide. Our solicitors draw upon a wealth of knowledge and industry-specific expertise in order to answer all of your most pressing questions regarding professional negligence.

At Farleys Solicitors, we know that every situation is unique. That’s why, in addition to advising you on the best course of action, we also tailor our services to meet your specific needs. We may even choose to take your case on a no-win, no-fee basis.

If you need to speak with one of our specialist professional negligence solicitors about any of our services, feel free to give us a call on 0330 828 3987, contact us using the online chat feature on our website, or email us on info@farleys.com. We’re here to help!

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