OT: surveyor's "discharge" following compensation offer

[Nathan Critchlow-Watton]

Hi there, We had a survey carried out on our house (Schedule 2 survey, in Scotland).

When renovating we discovered a rotten rafter and sarking; I had the surveyors back round and they refused to pay for repairs as they didn't think they should have found it (although it was visible from loft-hatch it was pretty hard to tell it was rotten).

I wrote back and asked them to refund survey fees, as they hadn't provided any useful information in it. I also asked how I could escalte my complaint to their chartered body and pointed out that I would have to take them to small claims court if they didn't refund me the fees.. They replied, offering "without prejudice and as a gesture of goodwill" refund of survey fees (only =A310 less than repair to roof cost).

They have also asked me to sign a discharge which goes roughly as follows: "I acknowledge to receive the sum of =A3364 in full and final settlement of any claim which may be competent to me against G&S arising from or in any way connected with either directly or indirectly their services provided in respect of their report. By acceptance of said offer I acknowledge that G&S are in no way obliged to make payment, nor do they admit that there has been any negligence or ommission"

The first paragraph is what I'm worried about; presumably signing it waives all rights I've got on any future claims if the house falls down?! I'd be happy to sign a disclaimer for any future problems in the roof, but not for all potential problems.

Can anyone recommend a suitable course of action? =20

Thanks, Nathan

[manatbandq]

Why not? You asked for a refund of the survey fee, so the survey effectively never happened. Why should they be liable for anything?

If you want them to remain liable for other problems then the survey must stand and you must limit negotiations to the particular problem in question.

MBQ

[dave]

Ianal but presumably the house has been purchased on the basis of that report(?) If so then it seem to me a payment from them to cover the cost of repair is a better bet (for you). Widening it to pretend the survey never happened just confuses the issue imho - as it's bound to do, in is doing, in just the way you describe. If you could "unsell" the house and start again that'd be a different matter - their offer would seem appropriate then!

[meow2222]

Understand why they made you an offer, and what the purpose of their offer is from their side. From then on its all negotiation, a question of what you can get. If you want a modified agreement you can write one and propose it, they may well of course say no. You know the options, take the offer, make another offer, escalate, or do nothing. Your choice.

I might try making a counteroffer that gives them what they want wrt the woodwork, but doesnt get them off the hook if other defects crop up later. I would not be confident they'd accept though.

NT

[Dave Plowman (News)]

If they refund the survey fee it's as if the survey hadn't been carried out. If you wish to be 'covered' for other things you'll probably have to sue them on this one point.

[Hzatph]

"Nathan Critchlow-Watton" wrote in message news: [e-mail]... Hi there, We had a survey carried out on our house (Schedule 2 survey, in Scotland).

When renovating we discovered a rotten rafter and sarking; I had the surveyors back round and they refused to pay for repairs as they didn't think they should have found it (although it was visible from loft-hatch it was pretty hard to tell it was rotten).

I wrote back and asked them to refund survey fees, as they hadn't provided any useful information in it. I also asked how I could escalte my complaint to their chartered body and pointed out that I would have to take them to small claims court if they didn't refund me the fees.. They replied, offering "without prejudice and as a gesture of goodwill" refund of survey fees (only £10 less than repair to roof cost).

They have also asked me to sign a discharge which goes roughly as follows: "I acknowledge to receive the sum of £364 in full and final settlement of any claim which may be competent to me against G&S arising from or in any way connected with either directly or indirectly their services provided in respect of their report. By acceptance of said offer I acknowledge that G&S are in no way obliged to make payment, nor do they admit that there has been any negligence or ommission"

The first paragraph is what I'm worried about; presumably signing it waives all rights I've got on any future claims if the house falls down?! I'd be happy to sign a disclaimer for any future problems in the roof, but not for all potential problems.

Can anyone recommend a suitable course of action?

Thanks, Nathan

Your point is a reasonable one - the settlement needs to be only in respect of the rotten rafter or sarking. The survey cannot be undone - you relied upon it for whatever decisions you made and that reliance remains. Suppose you found someting really big later, then their discharge would exclude a claim on it. You should offer a revised discharge so that it is in full and final settlement of this matter alone.

If you are totally satisfied that there is not anything else then you can, of course, sign the discharge.

HTH

[legin]

Several points spring to mind here. Firtsly how old is the survey as I should imagine that liability will diminish with age. Also as you have stated that you are renovating the house it implies that its initial condition may have been poor anyway, how has that been reported on. Usually surveys carry limitations; Due to age of property suggest professional company give report on any damp, electrics, timbers blah de blah. Usually means that it is often difficult to apportion any blame on them anyway. If this is the case and the property was in a poor condition and needed renovating then you might struggle to get them to admit liability to any thing. They probably have covered their backs and would rather refund your fee and wash their hands of the situation than get involved in lengthy/ costly disagreements.

[The Natural Philosopher]

If you had wanted a full survey done with every beam probed, and a complete guarantee, it would have cost you about £10,000 quid.

Did yours cost you that?

Well then, shut up, stop whingeing, and wake up to the real facts of life. That basically nothing is certain, nothing is guaranteed, and survey companies who start paying out for repair on people who have only paid for a 'best efforts' survey won;t be around long enough to sue anyway.

No survey comes with a guarantee. Not even a full structural survey. At best it will be an accurate assessment with so many 'except in the case of' clauses that its never suable against. Only if it says something like 'a 4" joist will support that' and a 4" joist falls down and takes the hose with it, have you any case whatsoever.

[Richard Faulkner]

Whilst I tend to agree with you, that the surveyors have made an offer, thus accepting some blame, (even though the are using legal terminology to deny it).

The OP is merely asking whether the offer and disclaimer are worth accepting, or whether it can be modified.