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I’ve received an inaccurate survey – Can I raise a dispute?

You’ve had an offer accepted on your new home and it’s time for the survey. It all goes smoothly and, after exchanging contracts, you move in and get ready to settle down.

After a few days of unpacking your boxes, you notice an outer wall beginning to crumble. It has clearly been damaged for a while, a serious structural issue that could cost a lot of money to repair.

Sound familiar?

When buying a residential property, a survey is a key part of the process. It can help you to identify any faults with the property and understand fully what you are agreeing to take on.

Conducted by a qualified surveyor, a survey will examine the interior and exterior of the property, as well as the grounds and utilities.

In short, an accurate survey can mean the difference between buying your ideal home and taking on an array of unexpected – and expensive – problems.

Room for error – Vulnerabilities in a home survey

The errors within a home survey will depend on what type of survey you choose to have.

It is important to note that failure to identify certain issues is not necessarily an example of negligence, if these issues would not normally be picked up on your chosen survey as standard.

For newer homes in good condition, a Level 1 report will identify visible structural issues but won’t go into detail.

A Level 2 report will help to identify further issues, such as whether there are any hidden structural issues like damp – but this survey is still generally surface-level.

A Level 3 report is the most thorough and allows the surveyor to look beneath floorboards or in the attic. It is typically used for older properties or those with an unusual layout.

An inaccurate report can result in:

Financial loss – Buyers needing to pay for repairs that weren’t expected after the survey, or pay for a second survey.
Incorrect valuation – Paying more for a property that needs work done or is worth less than originally thought.
An uncertain housing situation – If extensive repairs are needed, homebuyers may need to pay for alternative accommodation.

Major repairs could be missed if a surveyor fails to go into detail appropriate to the level of the survey.

In addition to the losses named above, an incorrect structural survey could result in homebuyers living in an unsafe environment.

Resolving the dispute

It is understandable for homebuyers to look to recover costs, including the cost of repairs, the difference between the property’s market value and the price paid, and costs for alternative accommodation.

The process typically involves:

Negotiation and settlement – Disputes can often be resolved through direct negotiations, leading to a settlement without the need for court proceedings.
Litigation – If a settlement cannot be reached, the case may proceed to court. The court will examine the evidence, consider the professional duty of care owed by the surveyor, and determine what losses have been incurred.
Professional body complaints – Lodging a complaint with, for example, the Royal Institution of Chartered Surveyors (RICS), can lead to disciplinary action against the surveyor, although this does not usually result in compensation for the client.

When disputes arise as a result of poor professional services, the aim is usually to reach a mutually satisfactory conclusion as soon as possible.

At every stage in the dispute resolution process, it is usually more productive to involve legal advice to identify exactly what has happened and where you may be entitled to compensation.

Practical, knowledgeable support can be the difference between an ongoing dispute and a productive resolution.

Please contact our Dispute Resolution team today for further advice on your professional negligence dispute.