Friend of acquaintance wants surveys

[kirinm]

We were buying a house and spent about £3k on surveys - we pulled out after 6 months after being strung along with probate and there being quite major structural issues.

The house is big and in a very popular area so it’s had a lot of interest since although I understand the later sale failed too - I expect because of the surveys. It is a very obvious wreck and it was always going to be a back to brick type of place. The structural issues are harder to spot and were identified on the survey - so we ended up paying for a structural engineer and drain survey which is why they all ended up costing so much.

Anyway, acquaintance contacted me to say her friend was looking at buying it and would she mind if I spoke to her. Before I’d responded said person contacted me. I explained very briefly that it’s a house that they should do lots of surveys on and check they have the money to fix the issues that they can’t see.

Next day - can we see your survey before we make an offer. I didn’t respond as I was busy and had work events.

Next day - sorry to pester but can I see the survey asap. i assume you have no use for them now.

Cheeky or not cheeky?

My partner was very against me saying anything at all. It’s drawing us into something we don’t really want to be drawn into. It was a nightmare for months for us but at the same time, I wouldn’t want the estate agent or vendor thinking we are just going around bad mouthing the house.

?? You’re a lawyer?? No brainer then, surely?

You simply say: No. it’s a breach of contract to share it.
they’re not going to push it if you mention the legalities. They are being cheeky anyway. Pretty obvious there’s an issue when someone spent 3k on multiply surveys and DIDN’T but the house…

end.

Because she paid for them? And the other lady knows that. She should have offered to pay.

it’s like having a pair of shoes that doesn’t fit anymore and someone badgering you to have them, assuming they won’t pay as they no longer fit you.

It isn’t a breach of contract to share it unless it specifically says not to - and I haven’t actually read it in a while anyway!

I’ve said no. I just wasn’t 100% whether I was right to think it was a cheeky thing to ask for - and then chase me for. (I thought the chasing was rude anyway).

Depends on what Ts&Cs you agreed to. If you purchased them having agreed you wouldn't share them with third parties, you'd be in breach of contract with the surveyor if you gave them to another prospective buyer.

I do wonder if it’s only something like expensive surveys people think they can get for free or whether they expect to get anything somebody doesn’t need anymore for free.

You were right to say no, and it is absolutely not sensible for a buyer to rely on a seller's survey. I think that I would have replied along these lines, saying, let's keep it professional, you should get your survey done by your surveyor.

I think the tone of the messages is extremely cheeky. She has absolutely no right to hassle you!

If you decide to sell her the surveys then you MUST check you’re allowed to do so and I would write her a letter and send them printed by recorded post stating that you do not in any way take responsibility for the content of the survey and if this stranger decides to rely upon the surveys then you have no liability or responsibility and nor does the engineer Who did the survey

Why not just shrug and say "sorry, haven't got them anymore"? Not exactly a treasured heirloom, are they? I mean, I'm absolutely chronic for being unable to bin useless crap because I think of the 20 quid it might have cost, but I don't know that I would be hanging on to some bits of paper detailing the reasons why I didn't buy a particular house, even if they did cost me £3000 to get. I certainly wouldn't be able to put my hand on them a few days before christmas, for the benefit of a stranger. And that's if I knew for certain they hadn't gone in the shredder!

I don’t have a hard copy anymore. I don’t even have the hard copy of the house I bought 3 weeks ago anymore. They are sent electronically though.

I think I said earlier, the thought I’m letting someone down makes me anxious so even though I don’t even know the name of this person, responding to the messages stressed me out (it is ridiculous I know). I don’t know why as professionally I am a contentious lawyer so have no problem doing it in a work capacity!

Even if you wanted to share it they cannot rely on it if it’s incorrect as they were not the original client; also as a courtesy you should ask the orofessionals involved. Lean on both excuses, but say a summary eg “engineer found foundations needed repair” or whatever.

I think if I was this buyer I’d infer that there was something very wrong with the property for you to pull out after all those surveys. Also as a PP pointed out, there could have been changes between the survey and now.

This is so cheeky to ask for, I’d also be worried if they made an offer and something went wrong they’d blame your survey etc. just plain no. You don’t need an excuse you can just say no but I would say to them I’d advise you do your own survey now as it’s several months since these were conducted, because I genuinely think they should do their own for peace of mind anyway. I honestly cannot get over what some people are like! Also I’m sure the engineer wouldn’t be too happy it’s been sold on!

“This is something I’d really rather not get involved in, as it’s a very substantial purchase a decision and I’m not comfortable with my opinions or information swaying you either way. Good
luck with whatever you decide to do and have a lovely Christmas”

job done
block and move on

You can sell the surveys to them. That’s standard practice if they are still in date. If they aren’t and she wants a mortgage they won’t be accepted

Yes - I thought that by mentioning the type of surveys we had would be enough of a hint. Not to forget someone else has just pulled out.

It isn’t like the house doesn’t give any signs of being a wreck. It is very very obvious. It’s also hard to get a mortgage on.

You sound far too honest to be a lawyer 😆
You could easily have deleted the electronic copies, because there was no reason to keep them. And you can totally say that's what happened.

OP, anyone chasing me Christmas week for anything would get jolly short shrift! Sorry, but busy doing Christmas prep/cooking/food shopping etc. No bandwidth for anything else!

This
Perfect response 👍

if there was anything of concern on the survey that caused you to pull out of the sale they should be able to ask the estate agent and get the information from them

This, you do actually sign that you won't share the survey. I would possibly let them read it but not copy or photograph it for a sum in payment of my time. But this asking without offering would rub me up the wrong way

It really isn't. You will have signed something with the surveyor promising not to do this furthermore the estate agent has a duty to pass on why your offer fell through to the next potential buyer so they will have the salient points already.

I think this may be the case.

We are paying over £2k for a [pretty basic] survey on a flat that is only 4 years old, has all the EWS1 certification etc and is still covered by the NHBC. Ie No cladding issues. Not getting a mortgage as we’re cash buyers so not needed for anything other than our own peace of mind. We are a bit galled by the cost, but we absolutely don’t want to find anything hidden that could scupper taking out a mortgage/equity release or selling in the future.

We’d never rely on someone else’s reports or encourage a 3rd party to rely on the one we had 6m or so ago - in OP’s case they, personally, have no idea whether the vendor has remedied any of the issues or whether their surveyor has missed anything.

These people will just have to suck it up… even if it feels like a bloody money racket!

I thought that if a sale fell through due to a survey, the estate agent has to share that info with potential buyers?

Not sure how true that is though.

The estate agents are half the reason the sale fell through on this tbh. They were an an absolute nightmare and couldn’t speak without lying. I doubt for a second they’d volunteer the truth! By all accounts there are multiple offers on the table over asking which seems crazy to me - but then I have got the surveys 🫠