Home Buyers Survey - Do We Have An Case?

[jd_1984]

Bit long winded this, so I will keep to the basics, and hopefully you will follow!

We have had an offer agreed on a new property.
The agent that is selling said that they would pass our details to some local surveyors which we saw no harm in (however at that time we hadn't even finalised mortgage so weren't needing to expedite the survey)
A couple of these surveyor companies contacted my wife offering their services. My wife said "Thanks for the info, send me a quote to consider"
One of the companies did so over e-mail on the 9th August.

Now, we didn't give any verbal instruction for this company to carry out the survey. In their e-mail there was an attachment for us to sign and return to confirm we wanted to proceed. A date had been proposed - 12th August (72hrs after the e-mail had been sent)

Quite to the contrary, within the e-mail was also a paragraph that said "Unless we here from you we will carry out the inspection on the aforementioned date".

We genuinely didn't notice the e-mail and at that time hadn't verbally or otherwise, committed to the survey.

Fast forward to today....... We have learnt that the Survey company has gone to the property, explaining to the agent that we had consented and using the agency keys, opened up and carried the survey out??!

The balance of £510 (which I think is high for a home buyers survey anyway and probably why we wouldn't have chosen this company in the first place) is now outstanding.

So - Do we have a leg to stand on, can we just simply not pay?

The initial phonecall with my wife was not recorded and she is absolutely adamant that she didn't give any consent. In fact the surveyor said "We wont carry anything out until you confirm" as he closed the call.


Thanks for taking the time to read this. Any help would be appreciated..

[bednobs]

not sure, but won't you fond yourself having to pay again when your mortgage company want the place surveyed?

[jd_1984]

Bednobs - We would have preferred the choice, yes I understand a survey has now been done but on principle it is a very presumptuous way of operating. Plus its on the steep side for a home buyers survey isn't it?

[jd_1984]

What I am getting at is, do we have to stand the cost?

[sandyRoe]

You'll need a survey. How about offering them less than they're asking for the one they've done?

[bednobs]

sorry JD i don't know the answerbut what i am saying is that the mortgage company will want you to pay for a survey too one done by their preferred surveyors normally. i paid £500 for a full structural survery recently, so on the face of it £510 sounds expensive.

[jd_1984]

My principles about the whole matter make me want to refuse to pay all together.
The impression given to my wife was that a quote was to be sent and only with our permission will they proceed.
Suddenly an e-mail is sent with the paragraph "Unless we here from you we will carry out the inspection on the aforementioned date". Is that us confirming, by doing nothing? We just didn't see the e-mail.

[jd_1984]

Bednobs - Yes naturally we need the survey to get the mortage but we assumed there would be some direction on this from the mortgage company (some specify preferred companies) and/or we would have a choice after getting a few quotes

[gness]

Jd....you need Barmaid....but when I bought this house I had to sign a form to instruct the surveyor.....and I seem to remember I paid before the survey was done.....if not then certainly before I received the report.

Are you obliged to accept the survey if you've signed nothing?

[woofgang]

I would get some proper legal advice on this one and in the mean time, I would write by registered letter to the surveyors, repudiating the fee on the grounds that at no time did you or your wife actively authorise the work.
How would it be if you were getting quotes for a new roof and you got am email from a firm you had contacted for a quote saying "Unless we hear to the contrary we will be round and rip your roof off tomorrow" Its unreasonable.

[jd_1984]

I think no.
There is no written correspondence at all on the matter from us.
Just their claim that my wife gave verbal instruction.

[jd_1984]

woofgang - Yes that's exactly how I feel

[gness]

Imagine if every company you asked to quote just went ahead and carried out a survey saying your wife verbally instructed them to go ahead.......

No...this can't be right....x

[granny grump]

Tell them to keep the survey - you don't want it and didn't request it. Would Trading Standards be interested in their tactics?

[sunny-dave]

Even with a recording they'd be on shaky ground - without one they don't have a leg to stand on.

If the survey would be acceptable to your chosen mortgage provider then it may be worth negotiating on price - but otherwise let them try to prove a contract existed ...

[gness]

I don't think I'd even consider negotiating on price.
I wouldn't trust a company which has to drum up business in an underhand way.

[jd_1984]

I have made intial contact with the surveyor.
His "Office manager" tried to justify the issue. But I very calmly explained that we were confused by the whole thing, the lack of clarity, the contradictions in the e-mail and the presumption that we would possibly just go along with this. I have said will be seeking some advice on how to proceed but at this time we will not be paying anything.
The office manager soon reverted to "I am not actually the best person to talk to about this you need the surveyor"
Well YES, I kind of know that!!

[Buenchico]

Tell the surveyor that you did not enter into a contract for his services and that, if he takes the opposing view, he is welcome to seek redress through the courts. However also tell him that you will cite 'Felthouse v Bindley [1862]' which is a legal precedent which makes it clear that one party cannot impose an obligation on another to reject that party's offer. i.e. no contract between you ever existed.

[BRIGHT SPARK]

Tell the survey company that you were away when the e-mail was sent and were unable to access e-mails until the 15th.However with no proof of acceptance from you, they dont have much chance of forcing payment.These people try it on and overcharge to cover the cost of clients who stand their ground.

[johnny37]

Its all been said above but if the survey is of any use to you, offer them a ridiculously low payment without liability on your part (£50?). it will better for them than nothing.