Claiming Professional Negligence Against a Surveyor

Surveyors have a fairly specific remit and their reports can have a big impact on the value of a property and how much you pay to buy it, so when something goes wrong there can be considerable financial fallout too.

This can range from an inaccurate valuation, to errors in property boundaries, to failing to detect damp problems and other structural issues. Outcomes can be financial in lost value or additional costs, administrative in terms of getting boundaries redrawn, or structural if the building is discovered to be unsound.

Our professional negligence solicitors can advise you on negligence claims against surveyors, including the strength of your claim and how much compensation you might receive. Call our surveyor negligence solicitors in Sheffield, Leeds and York on 0333 323 5292 or fill in the contact form on this page.

Claims against Surveyors Explained

Surveyors play an important role in determining the value of a property, especially when it is being bought or sold, but also at other times such as remortgaging at a different valuation. This is a profession with high standards and a failure to meet those standards is often caused by negligence on the part of the surveyor.

This can have significant unwelcome outcomes. Your property may be worth much less than you thought, or the sale might collapse. You might later find out that the property is severely damaged, with dry rot, rising damp or subsidence.

Claims may also involve problematic substances that were missed in the survey, ranging from asbestos in the building itself to the presence of knotweed and other invasive species in the garden.

Contact Us Today

If you think your surveyor has been negligent in failing to spot a problem with a property, valuing it incorrectly or misinterpreting details like boundaries on plans and deeds, speak to our professional negligence solicitors today. You can fill in the contact form on this page or call us to talk to our surveyor negligence solicitors in York, Leeds and Sheffield by phone.

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Frequently Asked Questions

Will I receive compensation and how much will I get?

Some cases are more clear-cut than others but we will always help you to understand how likely you are to receive compensation if you decide to pursue a claim for professional negligence.

Where the claim is for specific out of pocket expenses, this can make it easier to predict how much compensation might be awarded. Where the claim is for a loss of value, e.g. due to property damage or an inaccurate valuation, we can work to compile the necessary evidence to support your claim.

Medical negligence claims can be a little different as you may be claiming compensation for lasting injury rather than direct financial costs, but in many cases, it is possible to predict the payout based on past case history and the standard compensation normally paid for each type of injury.

 

How do I prove a duty of care?

If you hired the professional yourself, then often they have an automatic duty of care to you as their client. Sometimes the individual is hired by a third party – for example, when a mortgage lender appoints a surveyor to carry out a valuation. However even in these cases, they are clearly representing your interests as the owner or buyer, and this can usually allow your claim to proceed in court.

How do I prove professional negligence?

There are several ways to prove professional negligence. In some cases it can be very straightforward, especially if you have incurred direct out of pocket expenses to put right the errors made. Sometimes you may need a second opinion from a highly regarded individual in the same profession or discipline, who can confirm that in their opinion, a duty of care was owed to you that was not delivered in full.

How does an individual professional pay substantial compensation?

It should not matter if a professional is trading as an individual or working for a large organisation – if their negligence has left you facing expenses, they may be liable to pay you back for those costs incurred. In many cases professionals hold professional indemnity insurance for the purpose of covering compensation claims, which can allow them to cover much larger compensation awards than you might expect an individual to be able to pay.

Who can I make a professional negligence claim against?

The common disciplines you can make a professional negligence claim against are listed above but this is not an exhaustive list, and anyone in a professional service who fails in their duty of care to you could reasonably be asked to pay compensation. If you’re not sure please get in touch and we will help you to decide if you have a strong case.

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Remember you can still call us on 0333 323 5292 or email us at law@luptonfawcett.law

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