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Original poster

Do I send the survey to my solicitors?

9 replies

Anotheradventureforme · 20/03/2023 23:00

Got my Level 3 survey back today. Nothing terrible but a few things to note (isolated damp, chimney issues, etc) and usual blurb about my legal representative making sure service history on boiler etc is up to date.

Is this the usual thing to do - send the survey to conveyancer? I'm happy to do so, but wanted to check.

OP posts:
IneedcoffeeinanIV · 20/03/2023 23:05

It's up to you really. As a general rule of thumb, the valuation report isn't normally went to the solicitor (just yourself and your broker if you are using one) but you can send a copy of yours to them if you wish. If there was anything detrimental to the lender on the report then that would be confirmed and your solicitor made aware

MinnieMountain · 21/03/2023 06:08

No, because we’re not surveyors. Send them any specific questions you have from the survey.

snowysnowglobe · 21/03/2023 06:45

MinnieMountain · 21/03/2023 06:08

No, because we’re not surveyors. Send them any specific questions you have from the survey.

My solicitor specifically asked me to forward the survey to him. So some do want to see it. (And he’s on a fixed fee so not getting paid extra to read it.)

pilates · 21/03/2023 06:57

If there is anything specific they want your legal advisor to check then bring to their attention. It is up to you to satisfy yourself on the structural state and repair.

SpidersAreShitheads · 21/03/2023 21:14

We did this and it completely screwed up the whole mortgage.

What we didn't appreciate is that the solicitor you appoint also acts on behalf of the mortgage company.

Our level 3 survey was overall pretty good, but showed one area of damp. There was no rising damp or anything of concern, and the cause of the damp was suggested.

There were a few technical suggestions re checking dates etc, and our solicitor asked for a copy of the survey. Stupidly, we just sent it on, thinking that the solicitor was only acting for us. Didn't realise that the solicitor was also obliged to protect the interests of the mortgage company.

At the last minute - just before we're due to exchange (two months after the survey had been sent to the solicitor) - the solicitor tells us that she is obliged to share it with the mortgage provider as there's a reference to damp. We were told the mortgage wouldn't proceed unless the survey was shared so we had to consent. Even then, we didn't think there would be a problem as the surveyor wasn't concerned about the small area of damp.

The mortgage provider - Barclays - then decided it needed its own survey done because of the damp. Even though we had a proper Level 3 survey, we were only borrowing around 33% LTV, and the damp area was small and confined, Barclays still wanted its own survey done. Except there wasn't time for one to be organised because our buyer's mortgage offer was about to run out and due to interest rate changes, they wouldn't be able to get a renewal.

To cut a very, very long story short, we had to proceed without a mortgage - luckily we were in the position to be able to do so. The mortgage was required as the property was being bought for DM and me to split the house into two and create an annexe. So no mortgage meant we couldn't do that. It was an absolute bloody nightmare.

And all because we sent the survey to the solicitor. So personally, no, I'd never do that again.

mondaytosunday · 21/03/2023 22:14

I do. There maybe something on there she would like to double check or ask me to pursue further. But if yours is relatively clean then don't bother.

dreamersdown · 22/03/2023 20:35

SpidersAreShitheads · 21/03/2023 21:14

We did this and it completely screwed up the whole mortgage.

What we didn't appreciate is that the solicitor you appoint also acts on behalf of the mortgage company.

Our level 3 survey was overall pretty good, but showed one area of damp. There was no rising damp or anything of concern, and the cause of the damp was suggested.

There were a few technical suggestions re checking dates etc, and our solicitor asked for a copy of the survey. Stupidly, we just sent it on, thinking that the solicitor was only acting for us. Didn't realise that the solicitor was also obliged to protect the interests of the mortgage company.

At the last minute - just before we're due to exchange (two months after the survey had been sent to the solicitor) - the solicitor tells us that she is obliged to share it with the mortgage provider as there's a reference to damp. We were told the mortgage wouldn't proceed unless the survey was shared so we had to consent. Even then, we didn't think there would be a problem as the surveyor wasn't concerned about the small area of damp.

The mortgage provider - Barclays - then decided it needed its own survey done because of the damp. Even though we had a proper Level 3 survey, we were only borrowing around 33% LTV, and the damp area was small and confined, Barclays still wanted its own survey done. Except there wasn't time for one to be organised because our buyer's mortgage offer was about to run out and due to interest rate changes, they wouldn't be able to get a renewal.

To cut a very, very long story short, we had to proceed without a mortgage - luckily we were in the position to be able to do so. The mortgage was required as the property was being bought for DM and me to split the house into two and create an annexe. So no mortgage meant we couldn't do that. It was an absolute bloody nightmare.

And all because we sent the survey to the solicitor. So personally, no, I'd never do that again.

Oh sh*t - have just today sent on a Level 3 survey with references to damp to our surveyor, and we have a mortgage with Barclays!!! Slight panic stations…

Original poster
Anotheradventureforme · 22/03/2023 20:39

@dreamersdown Don't worry. I did too in the end and asking around a work, quite a lot of people do. The whole process is phenomenally stressful and fragile isn't it!

OP posts:
SpidersAreShitheads · 22/03/2023 20:54

@dreamersdown and @Anotheradventureforme - maybe we were just spectacularly unlucky. But we were told afterwards by another solicitor that you shouldn't ever forward a survey as the solicitor is not just acting in your interests. You live and learn, eh?!

In fairness, Barclays were an absolute fucking nightmare to deal with. It's a much longer story than I described above. After the survey was sent to them, it took them 4 weeks to decide they DID need another survey. Every time I rang them they told me it had been approved, and that a survey wasn't needed when actually what they had done is accidentally repeat the desktop survey which is the standard process - but not suitable if damp has been identified. The problem is that you can't speak to the team that deal with the actual work and who know what's needed re damp and surveys, you can only speak to a contact centre - and they didn't really understand what they were looking at.

Honestly can't even describe how utterly, utterly shit they were. But the solicitor who notified them re the damp was also an absolute arsehole (for many reasons - we really should have put in a complaint but we were just so fed up by that point!). Anyway, another solicitor told us that they weren't certain the solicitor was technically obliged to send the survey comments re damp to Barclays - something about what's in the mortgage handbook regulations that solicitors have to abide by. So you might be OK. But personally, if I were in this position again, I wouldn't take the risk - just in case.

I'm sure you'll be fine. Ours was probably a combination of an over-officious solicitor and the particular underwriter at Barclays being a bit cautious.

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