Surveyors are entrusted with assessing the condition and value of properties, offering expert opinions on matters such as structural integrity, land boundaries, and market valuation. When a surveyor fails in their professional duties, clients may suffer significant financial losses. Surveyor negligence claims can arise from errors, omissions, or misjudgements during property surveys. This article explores the grounds for bringing a claim against a surveyor, the process involved, and the steps to take if you believe you’ve been affected by their negligence.
Grounds for Surveyor Negligence Claims
- Errors in Property Valuation: One of the most common forms of surveyor negligence involves incorrect property valuations. If a surveyor misjudges the market value of a property, either overvaluing or undervaluing it, this can lead to financial loss for the client, especially in cases of purchase or sale. For instance, an overvaluation could lead to a poor investment decision, while an undervaluation may result in the client paying more than necessary.
- Failure to Identify Structural Defects: Surveyors are responsible for identifying structural defects or issues that could affect a property’s safety or value. If a surveyor fails to detect significant defects—such as subsidence, damp, or faulty foundations—and this information leads to a client making a poor purchase or failing to negotiate a better deal, the surveyor may be liable for negligence. This includes missing essential details that could have been discovered with a more thorough inspection.
- Inaccurate Boundary Assessments: Surveyors often help establish property boundaries to avoid disputes. If a surveyor incorrectly identifies the boundaries of a property, it could result in boundary disputes, encroachments, or legal complications. Inaccurate boundary assessments can lead to significant financial and legal challenges, especially when property rights are violated, or land is purchased under false assumptions.
- Failure to Provide Adequate Advice: Surveyors also have a duty to provide clear, professional advice regarding potential risks associated with a property. If a surveyor fails to provide sufficient warnings about risks like planning permission issues, flood risks, or zoning regulations, the client could make decisions that lead to financial or legal issues.
- Inadequate Survey Reporting: When conducting surveys, surveyors are expected to provide comprehensive, accurate reports that outline the condition of the property. If a surveyor fails to deliver a detailed and thorough report or neglects to include important information, clients may make decisions based on incomplete or misleading information, leading to financial losses.
The Legal Process for Surveyor Negligence Claims
If you believe you have suffered financial loss due to a surveyor’s negligence, it’s important to understand the legal process for pursuing a claim. The process generally involves several key steps:
- Proving Breach of Duty: To pursue a negligence claim, you must demonstrate that the surveyor owed you a duty of care and breached that duty. For example, you must show that the surveyor’s conduct fell below the standard expected of a competent professional. This often involves showing that the surveyor’s actions or omissions were unreasonable and not in line with industry standards.
- Demonstrating Financial Loss: To claim damages, you must prove that the surveyor’s negligence caused you financial loss. This could include showing that the incorrect valuation or failure to identify structural issues directly led to a loss of money, either by overpaying for a property or having to incur the costs of repairs or legal disputes.
- Collecting Evidence: A successful negligence claim requires compelling evidence to substantiate your case. This may include the surveyor’s report, photographs, correspondence, and expert witness testimony to prove that the surveyor’s negligence led to your financial losses. Expert opinions from another surveyor may be necessary to demonstrate that the original surveyor’s conduct was below the required professional standard.
- Negotiation or Settlement: Before pursuing litigation, it’s often possible to reach a settlement through negotiation. The surveyor’s insurer may offer a financial settlement to avoid court proceedings. However, negotiating a fair settlement requires skilled legal representation to ensure that the compensation adequately reflects your losses.
- Litigation: If a settlement is not possible, the next step may be to take the case to court. This can be a complex and costly process but having a solicitor with experience in professional negligence claims will help you navigate the legal system and present your case effectively in court.
Time Limits for Surveyor Negligence Claims
The limitation period for bringing a surveyor negligence claim is typically six years from the date the negligence occurred or three years from the date you became aware (or should have reasonably become aware) of the negligence. Acting swiftly is important, as missing the deadline can result in the loss of your right to bring a claim.
Why Seek Legal Advice?
Surveyor negligence claims are highly technical and require expert legal knowledge to assess and pursue. If you believe you have suffered due to a surveyor’s negligence, it’s important to consult a solicitor who specialises in professional negligence. At Jeremy Gordon, our team has extensive experience in handling surveyor negligence claims. We offer comprehensive legal services to help you gather evidence, negotiate settlements, or take legal action if necessary.
If you have been affected by surveyor negligence, contact us today to discuss your case and find out how we can assist you in seeking compensation for your losses.
