property woes

[comloulou]

In April 02 I bought a flat. The survey had said the property was excellent and reasdily re-saleable. I applied for an equity release loan this month and was turned down because a survey was requested by the bank and the surveyor diagnosed subsidence and and structural issues. I am obviously both furious and devastated. To make matters worse the freeholder is renowned for being difficult, expensive and inactive. Does anyone with a legal degree (or opinion!) have any idea where I stand here?

[RCP]

It depends on whether when you made the purchase you had a full structural survey carried out or just a building society valuation. If it is the former you may have a case against the surveyor. Another avenue to explore may be your buildings insurance as I have known underpinning etc. to be paid for by this.

[FTVS]

What is the original survey type? Even a building society valuation has a section about subsidence (and whilst they may not owe any contractural duties, they do owe you a common law duty of care). Homebuyers report is more detailed, full structural again even more. Have you got a copy of the"new" survey? You may need this as evidence and it will be cheaper than getting you own expert opinion. First thing though I would say is to invite the original surveyor to reinspect. You must give them the opportunity to do before you get any works done. Also what if your original surveyor was right and the new one is wrong? What flat are you? Middle, top, bottom? what do the other leaseholders say? How old is the flat? Most old flats will at some point have suffered some movement. Keep me posted and I will try and help.

[comloulou]

Thank you FTVS. The first survey was a basic building society type report which cost me �85. The guy was FRICS qualified. It did have a section about subsidence which he marked as 'no'. The second survey cost me �110 and was again a basic valuation but he seemed very thorough with his laser things and ladders. He highlighted subsidence both old and new and recommended works were carried out before any advance could be made. He also suggested a structural survey, all this only 11 months since and excellent report was made! The chap downstairs moved in 6months after me and paid full whack for a homebuyers report and was told there was nothing sinister and only the usual movement that would be expected from a house built in 1890. AAARRRRGGH!!!

[KARL]

Very sorry to read of your problems, comloulou, did not notice your question until today. I cannot add to the substance of answers you have already received except that "expert" opinions can be seriously unreliable. Which part of the UK your flat is can in fact be significant because, if I am not mistaken, laws on this sort of thing vary somewhat. It does sound as if it might be worth getting copies of all the different reports together and, with your neighbours, decide whether to challenge some of the verdicts - it is entirely possible that one bad verdict will reflect on the entire building from top to bottom. The suggestion, that the surveyor who issued the verdict which troubles you should be asked to reconsider, is a good one.

[FTVS]

Definitley agree with Karl - get all therperts together and write to original surveyor asking for explantion- he is the one whose advice you relied upon and may help you "overturn" the second survey. RICS members (and your original guy is a Fellow) have a complaints procedure which you can follow at no intial costs. 1) write to him setting out complaint - include copy "new" report and his original. 2) include point that you relied on his report when purchasing. 3) ask him for a copy of his complaints procedure 4) ask him to come round and reinspect - (should be FREE) and awiat his conclueions. The complaints procedure will include the timescales he has to respond and all the steps if, for instance you wish to challenge but this shoudl give you some details http://www.rics.org.uk/public/ups/rics_surveyor.ht
ml keep us updated!