Is this actually legally 'wrong' or just morally arseholeish?

[AndShesGone]

I'm trying to buy a property. The surveyor has said it's not suitable for a mortgage (for no reason and the mortgage company are appealing).

I've just found out (through ninja means and a lot of bloody luck) that he's wanting to buy it !

Do I let the chief partner surveyor know at the company? My mortgage provider?

He's a young bloke and a right fucking wide boy.

It isnt a criminal offene or illegal but it would be a matter of professional misconduct for him I would think. If he really did falsely declare a property unfit for a mortgage to gain an advantage for himself.

Staking out and recording him though that sounds a bit much,

It's definitely disciplinable, I should think.

I am also incredibly in awe of your ninja skills!

I'm a surveyor. Within the written copy of the survey which the surveyor should have signed there will be a paragraph stating that there are no conflicts of interest.

In mine it's in the boring legal bit called Limiting Conditions, but yours might vary. It's a serious breach of RICS rules and could get your surveyor chucked out.

ah, so he did write something - the waffle about the A road?

I didn't get refused, but the surveyor report nearly made my eyes pop out saying "proximity to main road a major problem". Being able to walk home 3 minutes from the bus stop on said main road was a major reason for buying the place and it;s not lke you could fit kids in here so I was baffled.

pretty shocking - I hope your recording is allowed but are you sure it will be?

How is it a 'bit much'

He'd literally just fucked me over on the most important purchase of my life.

If he'd not been doing anything wrong then there was nothing to 'catch'

All I did was turn up on a hunch and see it unfold before me. I had no knowledge it was him as I'd never met him. It was only because of the paperwork from his company on the front seat that I knew I was right.

There are other houses to buy. I wouldnt want it after all this.

That's the craziest thing I've ever heard

Why should I not buy it? Why wouldn't YOU buy it ? I don't understand at all

There are no other places to buy that's suitable, market is deader than a door nail

Yes it absolutely is legally wrong. There is something called conflict of interest in house purchases, so anyone involved professionally in the buying or selling has to be absolutely scrupulous and above board and declare the conflict of interest.

Declaring a property unmortgageable because you want to buy it definitely falls into criminal territory!

Ooooh. Proper sleuthing. Contact the mortgage company, tell them and ask them to appoint another surveyor. Contact the estate agents and advise them. I would also contact his employers.

I'm going to tell the partner first as this report is holding up my sale and I hope that when he realises what's going on he will deal with this today and call my lender, the agent, my solicitor.

If I was selling a house and found out this had happened I would refuse to sell to him on principle.

Sorry, holding up my purchase. Not sale.

What Stop . . . shouting has said!

His firm (I would think) will take a pretty dim view of him:

a) depressing house prices and reducing their commission by skimming ff the properties fancies

b )risking their firm losing its good name and becoming a byword for shyster estate agent prices (as if they need any help!)

c) causing the number of properties brought totem to slow down/dry up because people won't trust their valuations (word gets round)

And I would think that his professional body would be furious too, for bringing the profession into disrepute.

The might not be able to do more than deliver a bollocking (covert recordings aren't accepted in law, as far as I know), but he deserves one.

Are you the surveyor QueenLiz?

The owners a developer, probably won't be interested. But I agree, I would do the same.

*to them, not totem

Outrageous! What's his boss had to say about it?

If you have free legal cover via your current home insurance you could jut causually mention during the chat with his boss that you've already spoken to your solicitor about the matter, and that you are considering whether to take this up with RICS as you are so astounded by his behaviour. Work out what you'd like the outcome to be? Formal apology, disciplinary action against him and them covering the cost of a 2nd survey by another firm of your choosing?

Get a new survey done with a different firm ASAP so your lenders don't get cold feet - ducks in a row time, ninja!

Well done on following your instincts and I hope the rest of this house purchase goes smoothly!

You sound formidable, OP.

Good for you!

That is a massive conflict of interest, surely?!

Good for you for not taking it lying down.

Do keep us posted, won't you?

Gosh, how brazen! Well done op, you go get him! What an absolute arsehole.

I would take it up with RICS anyway. There is a professional code of practice that chartered surveyors are supposed to follow - one of the professional exams is an ethics one!

Good for you OP.

I believe it is a conflict of interest and he can be struck off.
Complain in writing to both your mortgage company & the surveying company & get another surveyor in.

Wow, serious conflict of interest and breach of professional standards