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Steps to take when making a professional negligence claim against a property surveyor

When purchasing a property, commissioning a survey will help identify any structural issues and to assess the property’s value accurately.

However, if a surveyor fails to detect defects or provides an incorrect valuation, it can lead to financial losses for the buyer.

In such instances, you may have grounds to pursue a professional negligence claim against the surveyor.

Surveyor negligence

Surveyor negligence occurs when the professional fails to perform their duties to the standard expected, resulting in harm or loss to the client.

Common examples include:

Failure to identify structural defects – Overlooking issues like dampness, subsidence, or roof damage.
Incorrect property valuation – Providing valuations that are significantly higher or lower than the market value.
Inadequate reporting – Failing to recommend further investigations when there are signs of potential problems.

Establishing a negligence claim

To succeed in a professional negligence claim against a surveyor, you must demonstrate:

Duty of care – The surveyor owed you a duty to perform their services with reasonable skill and care.
Breach of duty – The surveyor failed to meet the standard of care expected, such as missing evident defects or providing an inaccurate valuation.
Causation – A direct link between the surveyor’s breach and the financial loss you suffered.
Loss – Quantifiable financial loss resulting from the surveyor’s negligence.

Steps to take if you suspect negligence

Gather evidence – Collect all relevant documents, including the survey report, correspondence, and any repair estimates.
Seek a second opinion – Obtain an independent survey to assess the issues missed in the original report.
Consult legal advice – Speak with our solicitors to evaluate the strength of your claim and guide you through the process.

The limitation period for professional negligence claims is generally six years from the date of the negligent act.

However, if the negligence is discovered later, you may have three years from the date of discovery, provided this does not exceed 15 years from the negligent act.

Speak with our legal experts today for help with making a professional negligence claim and working towards a resolution that addresses your losses.