Surveyor Negligence Solicitors in London, Birmingham and Northampton

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When you employ the services of a surveyor, whether it’s regarding a survey, inspection or valuation of a property, you expect them to perform their duties to a high professional standard. If they fail to do so and you suffer financial damages as a result, you could be owed compensation, and our legal team can guide you through the process of bringing your claim to Court.

We believe that everyone has the right to great legal representation, and we can advise you on the most cost-efficient funding options for your case, including whether you are eligible to make a No Win No Fee claim.

If you have suffered losses due to a surveyor’s professional negligence, get immediate advice from our solicitors in London, Birmingham and Northampton by sending us a query at info@witansolicitors.co.uk – your initial consultation is free of charge.

What is Surveyor Negligence?

Surveyor negligence occurs when a surveyor makes a mistake when they value or inspect a property. This could be anything from failing to report on significant defects in the property to overvaluing the property. Whether it’s an honest mistake by a competent surveyor or an oversight caused by a lack of expertise, if the negligent behaviour has led you to lose money, then you could have grounds to make a professional negligence claim against the surveyor.  The burden of proof, however, lies on the claimant – it is up to you to prove that negligence has occurred and that it has resulted in financial loss. Our experienced professional negligence claims solicitors can draw on their extensive experience to help you achieve that.

Our Services

At Witan Solicitors, we are experts in bringing professional negligence claims against surveyors. We offer honest, practical and efficient advice to guide you through the claim process and ensure you win compensation. 

Our professional negligence solicitors in London, Birmingham and Northampton regularly support businesses and individuals in raising  claims regarding significant financial losses incurred due to negligent behaviour by a surveyor, such as:

• Failure to inspect your property
• Inadequate property appraisal 
• Failure to provide an adequate report of the repairs needed to a property
• Failure to identify defects in a property
• Failure to note subsidence 
• Overvaluing a property 

Making a Negligence Claim Against a Surveyor

If you have lost money as a result of the negligent work of a surveyor, the first step is to make a formal complaint to them by using their complaints handling procedure (CHP). You could also raise a complaint with The Royal Institution of Chartered Surveyors (RICS). 

If the surveyor you are suing is a member of RICS, their mandatory professional indemnity insurance should cover the cost of any compensation granted to you as the result of your negligence claim.

Any professional negligence claim against a surveyor must be made within a certain timeframe:

• Within six years from the date of the negligent event
• Within three years from the date you found out about the negligence

As a leading expert in handling professional negligence claims against solicitors, Witan Solicitors can help you assess the damages caused by the surveyor’s actions, instruct expert witnesses and prove that negligence has occurred to give you the best possible chance of being granted compensation.

Now Win No Fee Claims

You shouldn’t let the prospect of paying solicitor’s fees discourage you from making a claim. You may be eligible for our “no win, no fee” service, which allows you to only pay us if we win your case.  We also offer alternative funding solutions and we are happy to discuss your best options with you.

Surveyor Negligence Claims Examples

Surveyor negligence comes in many forms. Having knowledge of the most common types of surveyor negligence can help you get an idea of whether you could make a claim. 

Lack of Knowledge or Experience

If it can be proven that a surveyor has provided you with services in an area where they lack expertise and you have suffered financial losses as a result of their below-par work, you could have grounds to make a professional negligence claim against the surveyor. 

Inadequate Property Valuation

An incorrect valuation of a property given by a surveyor can lead to significant financial losses. If a property you have bought has been overvalued, you would have paid more than you should and you could take action against the surveyor who provided the valuation.

Often the surveyor’s services will have been enlisted by your bank or mortgage provider. However, even though you have no direct contract with the surveyor, you are still owed due care and you could pursue a negligence claim if you have overpaid your property as a result of their mistake. 

The real difficulty would be proving that the property has in fact been overvalued, as the property market tends to be quite volatile. If the price you paid is a lot higher than the general value of properties in the same area or it’s higher than the purchase price for recently sold property in the area, then you could claim that the valuation you were provided with was incorrect.

Failure to Inspect a Property

It is the surveyor’s duty to thoroughly inspect a property and identify defects to its integral parts, such as the roof and the structural walls. Woodworms, rot and invasive plants, such as Japanese knotweed, horsetail and ivy, should also be on the list of problems described in the surveyor’s report. Failure to do so could make your surveyor liable for a negligence claim. 

Failure to Identify/Report Subsidence

Ruling out the risk of subsidence is a standard part of a surveyor’s survey. Failure to identify or report the potential danger of subsidence can be classified as professional negligence.

If the foundation of the property you purchased is not on hard ground, this will reduce the value of the property significantly, putting you in an unfavourable position if you have taken out a mortgage. Subsidence can also diminish the life expectancy of the property. 

Given that you would not have purchased the property had you known about the subsidence, it could be argued that the lack of competence of the surveyor has misled you into making the decision to buy and you could make a claim against them.

If you are unhappy with the work done by the surveyor, you have lost money as a direct result of their services and you are considering taking legal action, our professional negligence claims solicitors in London, Birmingham and London can advise you whether you could pursue legal action or not. 

Why Choose Witan Solicitors?

• 100+ Years of Experience: Work with professional negligence claims experts with over a century of combined experience
• Winning Cases Since 1986: We have a proven record of successfully winning cases for our clients over the years
• Legal 500 Recognised: Ranked amongst the top UK law firms, Witan Solicitors are recommended experts 
• Industry Experts: Our team is always in the know about any changes in the legal field so we constantly improve our knowledge
• Multilingual Support: We speak more than 10 languages fluently and can offer multilingual legal advice
• Professional negligence experts near you: Our solicitors work on cases involving surveyors from our offices in three central locations – Birmingham, London and Northampton

If you need further reassurance that you would like us to represent you, discuss your professional negligence claim against a surveyor with one of our solicitors today at info@witansolicitors.co.uk. Your initial consultation is no obligation and is completely free of charge. 

FAQ 

What is considered professional negligence?

Professional negligence occurs when a professional you have hired fails to perform their services to a satisfactory standard and/or breaches their duty of care towards you. For a professional negligence claim to be made, you must also be able to prove that you have suffered loss or damages caused by the negligent behaviour. 

How do I prove professional negligence?

There are four elements to establish professional negligence: duty of care, breach, causation, and damages. In other words, you need to prove that there was a duty of care owed, it has been breached, and that has been the direct cause of damages. 

How do I prove that negligence has caused me losses?

This is one of the trickier elements of proving a negligence claim. You need to be able to demonstrate that you have relied on the surveyor’s work to make the decisions that have led to the loss. In other words, you wouldn’t have done what you did “but for” the wrongful or incomplete information provided by the professional.  

What is the duty of care?

Duty of care is the legal responsibility to not cause foreseeable harm to others. 

How do I know if my surveyor owed me a duty of care?

Any professional providing services, including surveyors, automatically owes their client a duty of care. 

How do I know that my surveyor has breached the duty of care?

Generally speaking, a surveyor is expected to deliver services up to a reasonable professional standard in line with their competencies. Failing to do so is a breach of duty of care. 

What is classed as surveyor negligence?

If a surveyor has made an error when inspecting or valuing your property and you have suffered a loss as a result, this is considered surveyor negligence.

If the surveyor has failed to spot structural defects in the property or hasn’t identified existing risk of subsidence, for example, you would not have had all the information you need to make an informed decision as to whether you would like to buy the property. Hence, you may be able to claim compensation for losses caused by this purchase. 

The same principle applies to situations where a surveyor is employed to survey an existing property and fails to provide an accurate report. 

What problems could a surveyor have missed?

Your surveyor has acted negligently if they fail to identify issues, such as rot, subsidence, warped ceilings, invasive plants, uneven flooring and asbestos. 

What are the most common examples of surveyor negligence?

You could claim negligence if a surveyor has made one or more serious mistakes, such as:

• Incorrect property valuation
• Insufficient reports
• Failure to identify structural flaws or harmful substances
• Failure to report subsidence 
• Insufficient knowledge or expertise 

What is considered an acceptable margin of error?

Everyone makes mistakes, so professionals are given a margin of error before negligence is established. Usually, the acceptable margin of error will be 10-15%. 

What evidence do I need to prove surveyor negligence?

You will be required to provide all documentation related to the surveyor’s services – contract of employment, terms and conditions, emails and any other written correspondence relating to the services provided.

Also, you will have to show evidence of the problems that led you to discover the negligence, as well as any damages resulting from it. This could include photos of defects on the property and documents detailing the losses you incurred. 

The Court is also likely to ask you to offer expert opinions supporting your claim. 

How much can I claim?

The value of the compensation you could get via a professional negligence claim is calculated based on the estimated losses you have incurred as a result of the negligent behaviour. 

What if the surveyor is insolvent or doesn’t have many assets?

Bringing a claim may not be advised if the surveyor is an insolvent individual or has limited assets, as you may have no possibility of reclaiming compensation, even if you have grounds to request it. Their indemnity cover will usually protect them against claims of this nature. 

When can I make a surveyor negligence claim?

The time limitations on making a professional negligence claim state that your claim must be made within six years of the event or within three years of first becoming aware of the negligence. 

What is the protocol for making a professional negligence claim?

Once you have had legal advice from an expert professional negligence solicitor and you have been told you have grounds to make a claim, the official procedure is as follows:

• Preliminary Notice – A brief outline of the claim is sent to the professional to explain the grievance and the requested compensation. They have 21 days to respond
• Letter of Claim – A detailed letter is sent out to the professional to explain the exact facts of the alleged negligence behaviour, the damages it has caused and how it has caused them. They have 21 days to acknowledge the letter and a further three months to do their own investigations and send a response 
• Letter of Response – Once the professional has issued a letter of response, you will have clarity on whether they deny or admit the allegations and you can discuss with your lawyer any further actions you need to take 

If the professional denies the claim, it is up to you to decide whether you wish to pursue legal action in court. Our professional negligence solicitors in London, Birmingham and Northampton can conduct further negotiations on your behalf to resolve the claim outside of the courtroom or defend your claim in Court. 

How long does it take to resolve a professional negligence claim?

A claim can be resolved within 4-10 months of sending the Letter of Claim, depending on the speed and nature of the response given by the professional. 

What are my funding options?

At Witan Solicitors, we offer affordable fixed fee and hourly rate services, as well as third-party funding and “No Win, No Fee” claims. Find out more on our funding page.