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AIBU?

Share your dilemmas and get honest opinions from other Mumsnetters.

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Original poster

Vulnerable adult being questioned during house survey?

146 replies

30julytoday · 10/04/2021 22:52

Should I make a complaint?

My DH ad I selling our home to downsize. DH has mental health issues resulting in poor memory, suspiciousness, poor cognitive function. Not obviously apparent to strangers . He Is on anti psychotic meds

So buyers surveyors asked to come on day i had a short hospital appointment. They couldn’t give a time in advance. They said we should try to vacate property or restrict ourselves to a single room, open doors windows etc due to covid. Given this. I agreed to their visit on that day, knowing DH may be on his own depending on what time they turned up. I saw no issue with this given he just needed to let them in and then stay out of their way

So just found out, 2 days later, that after I left they asked my DH if he would help them answer some questions about the valuation. Turns out it wasn’t about the valuation. He felt they were interrogating him, and they were asking him loads about various structural work on the property and issues they’d found.
He struggles to remember stuff. Told me he said things to them that aren’t true. He got in a panic trying to find documents that he would never be able to remember where they are kept. Result is 2 days later I have a stressed and panicking husband who feels he was forced to divulge stuff but he can’t remember what about. I’m at a loss to know what was asked or what he told them. I know he said some things that are misleading in findings and report.

Given they did not say they would be asking us anything should I tell them they cannot use any of the information he told them given we don’t now know what DH said and the stress he was under, and that he lacks full mental capacity? If I’d known in advanced they’d need to ask questions I’d have told them they couldn’t come that day and it needed to be while I was there

We’ve never been asked questions at a survey before...does this even sound right? I’d have been very reserved over what I divulged to them in these circumstances even though we don’t have issues we are aware of in the house.

They were also apparently banging on patio doors to try to get information from him while he was sitting inside while they were doing the outside stuff. Then when they did wan5 to come in scared the living daylights out of DH by ringing the bell multiple times and pounding on the front door- he thought there was an emergency and became very panicked.

I’m also mad that after sending us a video of how we were expected to behave because of covid, they questioned my husband at length apparently in a closed unventilated room. There were 2 of them from different households. We haven’t seen our sons since last august and are due to see them in May once they can travel and stay in hotel. Last thing I want is for DH to get covid now with 3-4 weeks to go.

AIBU to complain?

OP posts:

PourMeABrose · 11/04/2021 16:05

Surveyor here.

Totally normal. It’s unusual that people DON’T want to talk to us about their property! Some questions on site can really help to make a judgement on whether to recommend if something needs further investigation and usually is a really positive thing.

You make a judgement, not take word as gospel, BUT if the surveyor/your buyer rely upon something your DH has told them which is WRONG and then it causes your buyers a loss, you’re potentially liable under Misrepresentation. Less dramatic and more likely than that - if your DH has given some advice which conflicts with other statements in, say, the information pack or doesn’t match the property history, your buyers may end up with wasted surveyor or solicitor time trying to unpick things.

If the surveyor hasn’t yet completed their report it would be very sensible to contact them and explain the situation.

ILovesPeanuts · 11/04/2021 18:14

I disagree @pam290358 - I think you've misunderstood my comment. I didn't say where there PoA the person can't make decisions - what I am saying is that if a lawyer is told (or suspects) someone lacks capacity they must be sure that is not the case. I too have held PoA twice for close family and am very familiar with the law. I was simply saying that if OP goes round saying her DH lacks full capacity, as indeed she did say, a lawyer would very likely request medical evidence to ascertain whether he was fit to sign the contract or not. Unless the Power is invoked and then the OP could sign anyway.

pam290358 · 12/04/2021 07:50

@IlovesPeanuts. If he lacks mental capacity I hope you have Power of Attorney already because if you don't and a lawyer realises he lacks capacity this sale won't be proceeding for a very long time while you are appointed

I haven’t misunderstood. This statement is what confused me because what you appear to be saying is that if the solicitor perceived a problem the sale could not proceed until a POA was in place, which takes time. My issue is that once a person lacks capacity it’s too late for a POA.

pam290358 · 12/04/2021 08:02

Sorry. Posted too soon. The procedure for a house sale where one of the joint tenants has lost capacity and there is no POA in place is to apply to the court of protection to be the tenants legal appointee for the purpose of the sale. After re-reading, i assume this is what you meant.

maddening · 12/04/2021 08:21

I think Yanbu, their communication was poor and they sound rude based on your dh account, plus they breached their own covid guidance. However your dh needs to tell people if there is something he cannot do such as answering questions. If he had a broken leg and they asked him to run round the block he would tell them that he can't,. He should have the tools to say no in a way that he is comfortable with but is also sufficiently assertive. If this is not possible then going forward you may need to ensure that he is not left alone with strangers if neither of you are prepared to develop an appropriate disclosure.
It is also unfair that someone could be in trouble professionally for distressing a vulnerable person when they were not even aware.

drpet49 · 12/04/2021 08:29

* You are doing your DH a greater disservice by trying to ignore his cognitive impairment out of embarrassment or sensibility, than you would be by being honest about it? Your decision not to make his vulnerability known has put him in this distressing position.*

^Completely agree with this.

maddening · 12/04/2021 08:30

Also add to the POA question, POAs are very specific usually, if you did one a long time ago before DH was even ill I would double check it is still valid and covers all bases. Is it filed with the OPG?

drpet49 · 12/04/2021 08:33

Let me ask you all a question . How many of you have actually been subjected to multiple detailed questions during a survey on your home? Is this now a thing?

I’ve sold 3 houses and each time I was always asked questions by the surveyor. It is standard and always been a thing,

maddening · 12/04/2021 08:41

And agree with pp about the implications of telling a solicitor that he lacks capacity if that is not the case, I am in the financial industry and we would require further clarification if told this as it could impact how the customer is treated, eg obligations to protect the customer.

Butchyrestingface · 12/04/2021 08:42

Let me ask you all a question . How many of you have actually been subjected to multiple detailed questions during a survey on your home? Is this now a thing?

3 years ago, when I sold my flat. Had two surveys done (in Scotland). I wasn’t told that they would ask me any questions but I assumed they would and wasn’t remotely surprised when they did.

DrinkFeckArseBrick · 12/04/2021 08:46

Vulnerable in the context of people that a business comes into contact with just means people who may need adjustments in how they treat them to ensure a fair experience. It's not a 'label' as it can be temporary. So I dont think people are being derogatory here, just realistic.

Yes you need to contact them asap. Otherwise for example if he said something about any work on your house that wasn't true and turns out to cause any issues in the future, they can come back at you. You are currently in the position of knowing that they are in receipt of incorrect information and I don't think you will be in a great legal position if you know this and do nothing

Shrivelled · 12/04/2021 08:48

@user1473878824 during normal times if a home owner is there they might ask questions, but face to face questions are never needed in order for a survey to be carried out. And I think you’re forgetting we’re in the middle of a pandemic! Everyone has a professional obligation to limit face to face contact and unless that surveyor was following strict covid rules and they had carried out a risk assessment prior to the visit, then these questions should never have happened. So no, it’s not bullshit.

Bluntness100 · 12/04/2021 08:51

Let me ask you all a question . How many of you have actually been subjected to multiple detailed questions during a survey on your home? Is this now a thing?

It depends on the property but this would be normal for many properties if the situation was not clear to thr surveyors in terms of what they were seeing,

I think you also need to bear in mind the husband lacks capacity, so what would be some normal questions to everyone else would potentially seem like an interrogation to him. Also it was two days after the visit before he told the op so it could be his memory of what occured is not accurate, she says he has poor memory, he can’t remember what he told them etc, it’s highly likely what occurred would be perceived by others as nothing of note.

Orangerunner10 · 12/04/2021 08:58

They do ask questions. The surveyor my buyers sent round asked how long I lived there, what improvements I had made, details around the price and other offers I had. He asked where the stopcock was, how old the boiler was etc.

I would be getting in touch with them to clarify any answers your husband gave and perhaps let them know of the situation. Is it likely that the questioning would come across as interrogation to your husband?

Tinydinosaur · 12/04/2021 09:02

Yeah tbh, 2 things.
I'm not sure I trust your husbands accounts of things considering the level of stress he said he was under and that he said things that were false, so I'd take it with a huge pinch of salt.

You don't have to disclose anything, except "There's a chance I'll be out, my husnand will be home but he's not very well and won't be able to help you, so if you need anything call me please."

Even by his accounts, they didn't interrogate him, they asked him some questions about his house and knocked on the door.

EverythingRuined · 12/04/2021 09:27

ILovesPeanuts · 12/04/2021 09:36

@pam290358 yes that's what I was saying.

nothingcanhurtmewithmyeyesshut · 12/04/2021 09:43

How do they know they need more details until they actually see it? If I was having a house survey and had made structural changes to the house or done any building work to it, I would expect to be questioned about that.

They could not possibly have known your husband was vulnerable as you didn't tell them and he doesn't appear obviously vulnerable. All you had to say was that your DH has a few problems with his memory atm and if they had any questions, write them down and you would answer them.

I don't mean to be harsh OP but this is ridiculous. There are no grounds to complain. They just asked questions about the house to a seemingly capable adult who would normally have known the answers.

Skysblue · 12/04/2021 10:09

I would definitely complain. There are two separate issues:

This was supposed to be a covid safe survey, but then they bullied your DH into being interviewed in an enclosed room, completely unnecessarily (and probably illegal since we aren’t allowed guests inside. Yes they were at work but DH wasn’t).

They asked a lot of questions of the apparent homeowner not knowing he had MH issues. This isn’t so much their fault although I can see why you feel protective. Surveyors do try to have ‘casual’ conversations to find out as much as possible about the property, they think they’re being clever but it is underhand.

I would make a formal complaint re their breach of their own and government covid rules. I would do it after they issue the survey 😬

If your DH told them stuff that isn’t true then I think you have to wait and see what the survey says and then if there is a problem - which there probably won’t be - ask your solicitor to explain the position to the buyer’s solicitor.

Bluntness100 · 12/04/2021 10:11

@Skysblue

I would definitely complain. There are two separate issues:

This was supposed to be a covid safe survey, but then they bullied your DH into being interviewed in an enclosed room, completely unnecessarily (and probably illegal since we aren’t allowed guests inside. Yes they were at work but DH wasn’t).

They asked a lot of questions of the apparent homeowner not knowing he had MH issues. This isn’t so much their fault although I can see why you feel protective. Surveyors do try to have ‘casual’ conversations to find out as much as possible about the property, they think they’re being clever but it is underhand.

I would make a formal complaint re their breach of their own and government covid rules. I would do it after they issue the survey 😬

Well I’d not do this.

Firstly you’re not quite sure what occured due to your husbands health, secondly you don’t know if they were wearing masks and kept six feet apart, thirdly you don’t even know what questions were asked of even what was said.,waiting till the survey is issued is ridiculous. If they have incorrect info find out before hand.

pam290358 · 12/04/2021 12:26

@Maddening. A good point. They’re called LPA’s now (lasting power of attorney). It changed around 2007, but an old POA (actually called an EPA, or enduring power of attorney) only covered financial affairs, so no, all the bases are not covered. An existing EPA can still be used (provided it’s registered ) for any financial matters but an LPA would need to be created and registered to cover any health issues.

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