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Buyers asking to see previous survey? Anyone done this?

42 replies

JackieBrambles · 14/01/2014 15:10

Hi everyone

We are selling our flat (in London, its a victorian conversion) and our buyers have asked, and are adamant, that they want to see a copy of the full structural/building survey that we got done before we bought it.

We have told them no but they are still adamant! The EA has told them to go through their solicitors.

Has anyone else had this experience? They claim when they previously bought a place they were provided with the previous survey but I've never heard of such a thing!

Especially since its 8 years old.....

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Mouldypineapple · 14/01/2014 15:12

They should be paying for their own survey. I would stay firm on that. And yes 8 years on things could have changed anyway. Sounds like they're trying it on..

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EasterHoliday · 14/01/2014 15:13

I wouldn't say no but you have to make it clear that it's 8 years old and that they don't have any professional indemnity / duty of care from the surveyor or from you - you make no warranties as to its accuracy or reliability.
if there were defects pointed out in it, then give them receipts to show what work you've done.
With luck, they may be trying to avoid the cost of a full structural survey and simply rely on the building society valuation which is about as thorough as a quick peek through the letterbox.

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Bowlersarm · 14/01/2014 15:14

Get them to do their own survey, cheeky buggers.

Your survey is your own. They need to get their own done.

If you want to share it fine, but they can't demand it.

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JackieBrambles · 14/01/2014 15:22

Thanks for the quick responses!

It's really tricky because they are concerned that the building has been underpinned, and due to these concerns we have already dropped the price (as the house is sound but the building insurance is high). Our survey stated that no recent movement of the property was visible and I sent them those pages of our survey to hopefully alleviate their concerns and they now want the whole thing!

If they are so worried, why not pay for their own structural survey for god sake?!

Do you think a solicitor would be likely to force the issue?

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Dillydollydaydream · 14/01/2014 15:25

If the survey is 8 years old they'd be silly to rely in that anyway, a lot can change in that time. They need to instruct their own surveyor.

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Kewcumber · 14/01/2014 15:25

I would tell your solicitor that you are concerns about age of the survey making it to all intents and purposes unreliable. But obviously you are quite happy for them to carry out their own survey.

Is there a reason you don;t want them to have it except for the age?

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EasterHoliday · 14/01/2014 15:30

Hand. Them. The. Survey! they have valid concerns which are adequately addressed by your survey adn if it is as explicit as your aged survey says, then it may prevent them getting a new full structural survey which is NEVER going to be clean on a Victorian property.

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JackieBrambles · 14/01/2014 15:34

Kew - hmmm, good question.

We mainly don't want to provide it because we are concerned they will use it to try to negotiate the price down when we have already reduced it!

There is nothing bad in it though, a lot of the suggested work was done long ago.

Also I feel its a ruddy cheek to be honest and is never heard of anyone doing it before. Plus not everyone gets a structural survey.

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starfishmummy · 14/01/2014 15:37

Having given them partt of the survey it would seem unreasonable not to give thek a copy of the whole thing (personally I think I would have "lost" it in the first place) especially if not giving it to them could be a deal breaker. However I would do it via my solicitor with all sorts of disclaimers about the age and that it is no longer valid etc

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JackieBrambles · 14/01/2014 15:38

Yeah my DH is thinking we should just give it. It feels like give them ammo to use against us!

This whole process is so stressful.

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noddyholder · 14/01/2014 15:39

I would say no Get their own

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JackieBrambles · 14/01/2014 15:39

Crap why didn't we 'lose' it?! Damn us and our filing.

I was trying to be helpful in preventing their worries about the underpinning. Bah!

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peggyundercrackers · 14/01/2014 15:45

i would tell them to get their own, i wouldnt give it.

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Kewcumber · 14/01/2014 15:48

I wonder if you could ask them to ask the surveyor for a copy - you could say you are concerned about the survey being too out of date to be reliable but if the Surveyor is happy to provide on his head be it... bet he won;t!

I'd be slightly inclined to provide it and if they try to knock money off then just say "No it is already discounted" and say it like you mean it not in a wavery slightly scared way!

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JackieBrambles · 14/01/2014 15:49

Just checked and there is a sentence at the front of the survey that says 'this report cannot be reproduced or relied upon by third parties for any use without express written authority of the surveyor'. Whoops, so I shouldn't have sent them any of it!

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JackieBrambles · 14/01/2014 15:52

Ha! I am very wavery and scared! How can you tell?!

Just don't want this to fall through. If it's a deal breaker for them then we'll give it (but I guess we will have to ask the surveyor first?).

Thanks again, so good to chat this through /obsess!

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YoucancallmeQueenBee · 14/01/2014 15:52

Are you sure you can share the survey with them? Most surveyors insist that it is one copy for you & you alone - not to be shared with 3rd parties. I would check with the surveyor first before copying anything on.

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JackieBrambles · 14/01/2014 15:53

Absolutely QueenBee, I've just found a sentence to that effect in our survey!

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TunipTheUnconquerable · 14/01/2014 16:00

I've been offered the previous survey by vendors trying to be helpful and probably trying to demonstrate that they have nothing to hide, but I've never heard of anyone asking for it.

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MrsOakenshield · 14/01/2014 16:01

yes, you should have (and still should do) point them in the direction of the surveyor who can supply them a copy - for a fee, of course, which is what this is really about.

Tell them (or tell your solicitor to tell them) that having seen this line you realise that you can't supply anything more but here are the surveyors details if they want them. Their solicitor will probably tell them this too.

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Kewcumber · 14/01/2014 16:19

Ha! I am very wavery and scared! How can you tell?!

Becasue I moved last year - scared and wavery is the default position Grin but I tell ya the buggers can smell fear so bluff it out.

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lalalonglegs · 14/01/2014 16:24

Emotionally I'd be the same as àll those saying don't let tbem have it but I think Easter has the right idea when she points out that if they commission their own survey it's bound to be a sight worse... if they're stupid enough to rely on a years old report, let them. Scan it over with the disclaimer picked out in highlighter pen.

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YoucancallmeQueenBee · 14/01/2014 16:32

The more I think about it, the more I'd be worried about handing over your survey.

Where does the liability then lie? Could they claim against your surveyor if anything he failed to declare subsequently went wrong with the property. Could your surveyor then claim against you, for the onward sharing of the survey.

Get advice from your solicitor & stick to it. There is a shortage of properties on the market at the moment, so don't be bullied by these buyers.

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specialsubject · 14/01/2014 17:49

my first reaction is that surveys are confidential to the person who commissions them. You can tell people what you say but you can't pass them on.

so you have already done more than you should.

tell them to pay for their own survey like the grown-ups do.

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mysteryfairy · 14/01/2014 20:00

Of course they can't claim against the surveyor who they have no contract with and who owes them no duty of care.

It's really common to share surveys. I've both provided and received other people's surveys before.

If someone who had shared part of a survey then refused to share the rest my conclusion would definitely be that they had something pretty bad news to hide.

If you don't want to be negotiated down just refuse any lower offer!

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