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M S E Refugee

Surveyor missed nearly £13000 of Damp

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Posted (edited)

After living in our house for 3 months we have penetrating Damp in most of down stairs and a little bit downstairs which is going to cost around £13000 to fix it.

I take that there is no way I can take this inept fucker to court.

Edited by M S E Refugee

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2 minutes ago, M S E Refugee said:

After living in our house for 3 months we have penetrating Damp in most of down stairs and a little bit downstairs which is going to cost around £13000 to fix it.

I take that there is no way I can take this inept fucker to court.

Yes you can.

 

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Read the small print carefully. I suspect they've covered themselves, but it might be wise to search the internet for examples of people successfully taking them to court.

I had a survey done on the first house I bought. Once I read it I realised it was a waste of money. Therefore I do my own 'survey' now armed with a damp meter and a keen pair of eyes. If in any doubt I walk away.

 

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I viewed one house absolutely riddled with damp. The prongs on the damp meter were literally sinking into the plaster right to the hilt. There was evidence of attempts to rectify this externally with additional air bricks etc. When the estate called me the next day to see what I though I told him what I'd found. He basically called me a liar as nobody else has reported any damp. I terminated the phone call with my opinion of estate agents firmly reinforced :wanker:

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1 minute ago, Iamcynical said:

Read the small print carefully. I suspect they've covered themselves, but it might be wise to search the internet for examples of people successfully taking them to court.

I had a survey done on the first house I bought. Once I read it I realised it was a waste of money. Therefore I do my own 'survey' now armed with a damp meter and a keen pair of eyes. If in any doubt I walk away.

 

Yes there is the usual blurb about getting a Damp Specialist,dry rot etc just make sure there are no problems.

The Damp proofer we are going to use actually surveyed the property for another buyer in August 2017 and quoted the potential buyer a figure of £9000 but there are a few more issues now.

The Vendor knew about the problem and failed to disclose the Damp problem to us.

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I had similar, with a completely rotten floor which had been missed.  They were a big firm and said go on then, sue is.  Their pockets were much deeper so let it go.  

I cant see how it is 13k to put it right though....

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Posted (edited)
7 minutes ago, One percent said:

I had similar, with a completely rotten floor which had been missed.  They were a big firm and said go on then, sue is.  Their pockets were much deeper so let it go.  

I cant see how it is 13k to put it right though....

It is for tanking 70% of downstairs as well as part of our bedroom  and ensuite,replacing two sandstone window jams and one sill, the whole house has been rendered to the floor so the bottom of the render needs taken off and a drip bead put on and also the slates on the gable end are flush with the render so they have to be corrected and overlap the render.

Edited by M S E Refugee

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18 minutes ago, M S E Refugee said:

It is for tanking 70% of downstairs as well as part of our bedroom  and ensuite,replacing two sandstone window jams and one sill, the whole house has been rendered to the floor so the bottom of the render needs taken off and a drip bead put on and also the slates on the gable end are flush with the render so they have to be corrected and overlap the render.

Ouch.  Is it built into a hill?  

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31 minutes ago, M S E Refugee said:

Yes there is the usual blurb about getting a Damp Specialist,dry rot etc just make sure there are no problems.

The Damp proofer we are going to use actually surveyed the property for another buyer in August 2017 and quoted the potential buyer a figure of £9000 but there are a few more issues now.

The Vendor knew about the problem and failed to disclose the Damp problem to us.

They will have indemnity insurance.

Small claims is cheap for up to £10k.

You can always do two separate cases ,one against the former owner for not declaring and a second against the surveyor.

The court can only say 'no' but it'll be easy and a fixed fee.

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4 minutes ago, M S E Refugee said:

No the back garden is slightly higher than the house but nothing major.

I’m not an expert, but would it be not cheaper to dig out part of the garden so it’s below the damp proof?  You wouldn’t need to go back far and then do a small retaining wall to shore up the rest of the garden?

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Posted (edited)
1 hour ago, M S E Refugee said:

I take that there is no way I can take this inept fucker to court.


A standard house buyers report from a surveyor says:

may be  (structural / damp / asbestos/ woodworm / electrical / gas / plumbing / roof ) issues, consult a specialist surveyor.

Edited by sarahbell

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1 hour ago, One percent said:

I’m not an expert, but would it be not cheaper to dig out part of the garden so it’s below the damp proof?  You wouldn’t need to go back far and then do a small retaining wall to shore up the rest of the garden?

It's not really the back of the house that's the issue it's worst at the front and Gable end.

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2 hours ago, M S E Refugee said:

Yes there is the usual blurb about getting a Damp Specialist,dry rot etc just make sure there are no problems.

The Damp proofer we are going to use actually surveyed the property for another buyer in August 2017 and quoted the potential buyer a figure of £9000 but there are a few more issues now.

The Vendor knew about the problem and failed to disclose the Damp problem to us.

I don't like the sound of him and would definitely get another quote.

I paid £1,500 in about 2003 for a full downstairs damp course, the lounge floor and joists replacing.

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5 hours ago, One percent said:

Agree with demcoruptcy above, I’d get a few quotes.  Digging out will be far better long term too.  

I had another quote for £6000 inc vat for far less work I would have had to find my own electrician and plumber.

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1 minute ago, M S E Refugee said:

I had another quote for £6000 inc vat for far less work I would have had to find my own electrician and plumber.

Have you just been going to damp specialists?  They will want to mask the issue with tanking. Try a reputable builder who might offer alternatives. Post some photos of it if you can for the dosbods massive to offer suggestions. 

@Wahoo is a very handy bloke around buildings 

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10 minutes ago, M S E Refugee said:

I had another quote for £6000 inc vat for far less work I would have had to find my own electrician and plumber.

Serious long term damp damage can get expensive very quickly unfortunately, all electrical mattresses (the galvanised ones) in affected areas will likely be corroded to buggery, machine screws rusted solid meaning difficulty removing sockets etc and likely replacement, significant corrosion to the cable even. Then there's hidden timber damage - the most important part of joists being the point they bear load resting in damp walls and rotting away, the there's all the finishing to do as well like replastering and decorating. 

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10 hours ago, M S E Refugee said:

Yes there is the usual blurb about getting a Damp Specialist,dry rot etc just make sure there are no problems.

The Damp proofer we are going to use actually surveyed the property for another buyer in August 2017 and quoted the potential buyer a figure of £9000 but there are a few more issues now.

The Vendor knew about the problem and failed to disclose the Damp problem to us.

How do you know, from the vendor or heresay and did you ask in writing via the list your solicitor submitted. What sort of survey? Valuation or full structural survey. The details are important if you want to bring a case.

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Just now, satch said:

How do you know, from the vendor or heresay and did you ask in writing via the list your solicitor submitted. What sort of survey? Valuation or full structural survey. The details are important if you want to bring a case.

 

I got a home buyers report which cost me £500 a complete waste of money.

I spoke to  my solicitor today and she wasn't confident that I could do anything.

3 minutes ago, onlyme said:

Was the house on with the same agent when the previous potential buyer and sale fell through? 

Yes it was.

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Posted (edited)
8 minutes ago, M S E Refugee said:

 

I got a home buyers report which cost me £500 a complete waste of money.

I spoke to  my solicitor today and she wasn't confident that I could do anything.

Yes it was.

You may not have redress with the surveyor - they are masters at covering their arses and protect their liability insurance claims, the agent however may have dropped a clanger.

You need that previous quote and something in writing from the damp proofing company and proof of earlier listing with same agent and then get onto the Property Ombudsman.

 

 

...

http://www.thisismoney.co.uk/money/mortgageshome/article-2315200/Learn-new-house-rules-Estate-agents-reveal-property-problems-says-OFT.html

 

In the past, it was up to the buyer to ask the questions. The seller or agent did not have to volunteer every detail about a property — their only obligation was to give truthful answers. 

Now the onus is on the agent to be frank and disclose any information that could affect a decision — not only to purchase but even view in the first place. 

 

 

....

Failed sales

If several sales have fallen through, it is the agent’s responsibility  to look into why and pass on the information.

If a buyer pulled out after a survey revealed the roof needed extensive work, for example, other buyers should be made aware of this.

 

.....

The rules, which come under the Consumer Protection from Unfair Trading Regulations, were first drawn up in 2008, but will be more rigorously enforced. If you feel you have been misled or treated unfairly, contact the Property Ombudsman, who can force rogue agents to pay up to £25,000 in compensation.

Edited by onlyme

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3 minutes ago, onlyme said:

You may not have redress with the surveyor - they are masters at covering their arses and protect their liability insurance claims, the agent however may have dropped a clanger.

 

...

http://www.thisismoney.co.uk/money/mortgageshome/article-2315200/Learn-new-house-rules-Estate-agents-reveal-property-problems-says-OFT.html

 

In the past, it was up to the buyer to ask the questions. The seller or agent did not have to volunteer every detail about a property — their only obligation was to give truthful answers. 

Now the onus is on the agent to be frank and disclose any information that could affect a decision — not only to purchase but even view in the first place. 

 

....

Failed sales

If several sales have fallen through, it is the agent’s responsibility  to look into why and pass on the information.

If a buyer pulled out after a survey revealed the roof needed extensive work, for example, other buyers should be made aware of this.

If I remember correctly they said that one buyer pulled out,they never offered a reason and they said another buyer simply vanished.

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Posted (edited)
5 minutes ago, M S E Refugee said:

If I remember correctly they said that one buyer pulled out,they never offered a reason and they said another buyer simply vanished.

Bullshit, you don't get that far down the line with a purchase paying out lumps of money for surveys and the agent not taking an interest and fully engaged with the process. Your trump card would be finding either of the two previous interested parties they would be able to confirm/deny disclosure to agent. Not sure whether Property Ombudsman would go as far to ask agents to divulge previous purchaser details to confirm or otherwise - maybe he could assume guilt and would be up to agent to prove they were not told. Either way absolutely nothing to lose going this route - don't see how you could compromise your potential claim via the PO by not going through solicitor and thus save on fees.  Also agents may have done this before and already marked their card.

Edited by onlyme

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32 minutes ago, One percent said:

Have you just been going to damp specialists?  They will want to mask the issue with tanking. Try a reputable builder who might offer alternatives. Post some photos of it if you can for the dosbods massive to offer suggestions. 

@Wahoo is a very handy bloke around buildings 

 

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