Claims against surveyors

What Is Surveyor Negligence?

Surveyors play a crucial role in property transactions and development projects, providing professional advice and valuations that are often relied upon for significant financial decisions.

Whether you are purchasing a property, securing a mortgage, or planning renovations, you trust a surveyor to act with care, skill, and accuracy.

However, when a surveyor fails to meet these standards, the financial impact can be severe, and their actions (or inactions) may amount to professional negligence.

The duty of a surveyor

A surveyor is expected to:

Accurately assess and report on a property’s condition or value.
Identify defects or potential risks that may affect the property’s worth or safety.
Provide advice and documentation that complies with professional standards, such as those set by the Royal Institution of Chartered Surveyors (RICS).

This duty means that their work must be performed with the level of care and expertise expected of a qualified professional. Failure to do so can lead to errors that have significant consequences for their clients.

When does a surveyor’s action become negligent?

Surveyors are held to a high standard of care and expertise due to the financial importance of their work. Negligence arises when they fail to meet these standards, causing their clients to suffer financial harm. Let’s explore common scenarios in detail:

Incorrect valuations

Surveyors are often instructed to determine a property’s value for sales, purchases, or mortgage purposes. Errors in valuation can be costly:

Over-valuation: If a surveyor overestimates a property’s worth, buyers or lenders may proceed with transactions based on inflated figures. Buyers could pay more than the property is genuinely worth, leading to financial strain or difficulty selling the property in the future. Lenders may also extend loans that exceed the property’s true value, increasing their risk exposure.

Under-valuation: Conversely, undervaluing a property can lead to sellers accepting lower offers, reducing their financial return. It could also result in buyers being unable to secure sufficient mortgage financing, disrupting or delaying transactions.

Missed defects

One of a surveyor’s primary duties is to inspect properties and identify defects or risks that could impact their value or safety. Common oversights include:

Failing to spot structural issues, such as cracks, subsidence, or foundational problems.
Overlooking damp, mould, or water damage, which could lead to serious maintenance costs.
Missing roofing, plumbing, or electrical problems that require expensive repairs. When these issues are not identified, buyers often face unexpected repair costs or discover their property is unsafe or less valuable than expected.

Inaccurate advice

Surveyors are relied upon to provide clear and correct advice on various property-related matters, such as:

The extent and severity of defects and how they might impact the property’s value or safety.
Planning permissions or building work advice, such as compliance with regulations or estimated repair costs.
Advice on specific property features or risks flagged by the client. Inaccurate or misleading advice can lead to poor decision-making and financial losses for clients who acted based on the surveyor’s recommendations.

Failure to follow instructions

Surveyors must adhere to the specific instructions given by their clients. For instance:

A client may request a focused inspection of certain features, such as a suspected structural defect or the condition of a listed building.
Ignoring or neglecting these instructions can lead to incomplete or misleading reports, leaving the client vulnerable to unexpected costs or issues after the transaction.

Errors in cost estimation

Surveyors often calculate the cost of necessary repairs, renovations, or building projects as part of their role. Errors in these estimates can have significant financial implications:

Underestimating repair costs: Clients may budget insufficiently, leading to unplanned expenses that strain their finances.
Overestimating costs: This can deter clients from purchasing properties or completing projects that are actually viable.

Negligence in any of these areas can leave clients in worse financial positions than if they had not consulted a surveyor at all.

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How can Anthony Gold Solicitors help in your surveyor negligence claim?

We understand the financial and emotional stress caused by surveyor negligence. When property transactions or investments go wrong due to professional errors, you need expert legal support to recover your losses and hold the responsible party accountable. Here’s how we can help:

Specialist expertise in surveyor negligence claims

Our team of solicitors specialise in professional negligence claims, including cases against surveyors. We have years of experience in navigating the complexities of these claims and a proven track record of achieving successful outcomes for our clients.

Whether your loss arises from an incorrect valuation, a missed defect, or another form of negligence, we have the knowledge and skills to help you secure the compensation you deserve.

Assessing the strength of your claim

Not every error by a surveyor amounts to negligence. To help you understand your options, we:

Evaluate the surveyor’s duty of care: We examine the nature of your relationship with the surveyor to confirm they owed you a professional duty to act with care and skill.
Identify breaches in professional standards: Using industry benchmarks, such as those set by the Royal Institution of Chartered Surveyors (RICS), we assess whether the surveyor’s actions fell below the expected standard of care.
Establish a link between negligence and your loss: We analyse the evidence to ensure a clear connection between the surveyor’s failings and the financial harm you’ve suffered.

This initial assessment is critical for determining whether your case is viable and how best to proceed.

Gathering strong evidence

Building a compelling case requires robust evidence. Our team will:

Review all relevant documents, including surveyor reports, valuation certificates, correspondence, and contracts.
Work with trusted independent experts, such as property valuers or structural engineers, to obtain impartial assessments of the surveyor’s errors and the extent of your financial loss.
Compile the evidence into a clear and persuasive argument to support your claim.

Our meticulous approach ensures that every detail is covered, maximising your chances of success.

Quantifying your loss

One of the most important aspects of any claim is determining the financial impact of the surveyor’s negligence. We will:

Compare the property’s actual value with its incorrect valuation to calculate your immediate loss.
Include the costs of any unforeseen repairs or remedial work caused by missed defects.
Account for additional expenses, such as legal fees, delays in transactions, or reduced resale value. Our goal is to ensure that your compensation fully reflects the financial harm you’ve experienced.

Guiding you through the claims process

The legal process for pursuing a negligence claim can feel daunting, especially if you are unfamiliar with the steps involved. We provide clear guidance at every stage:

Pre-action protocol: We draft and serve a Letter of Claim to the surveyor, setting out the basis of your case and inviting them to respond.
Negotiation & mediation: Wherever possible, we aim to resolve disputes through negotiation or mediation, saving you time and stress.
Court proceedings (if necessary): If a fair settlement cannot be reached, we are fully prepared to represent you in court and fight for the best possible outcome.

Throughout the process, we keep you informed, answer your questions, and ensure that you feel supported and confident.

Personalised, client-centred support

At Anthony Gold Solicitors, we don’t just see you as a case number. We take the time to understand your unique circumstances, tailoring our advice and approach to suit your needs. Our commitment to clear communication and compassionate service means you’ll always know where you stand and feel confident in the decisions you’re making.

Proven track record

Our firm has helped numerous clients successfully claim compensation for surveyor negligence. Whether recovering losses from incorrect valuations, repairing the damage caused by missed defects, or resolving disputes with lenders and other parties, we have the experience and results to back our reputation.