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Anyone successfully sued a surveyor ?


debbbbs

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Courts will usually decide in favour of whoever has the most property, it's what most of law is about. Solicitors are about as useful as surveyors, but rather less competent, more expensive and bone idle. It takes a fortnight for a solicitor to write a letter and only then if you phone up every day. The state the courts are currently in, anyway, it'll be years before you get a case even started, by which time your nerves will be shredded and you won't care any more anyway.

It's a shame stuff has gone wrong so soon, but at least it's getting sorted now rather than in a couple of years when you're somewhere in the middle of nowhere with no help to hand.

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2 hours ago, blackrose said:

It's very difficult for people new to boats. When they come on here with tales of woe about problems with boat they've just bought, the first question they're asked is "Did you get it surveyed before you bought it?" And if the answer is no they get duly criticised and chastised. 

 

Then when they come on here and tell us about a new boat that was surveyed but that problems emerged afterwards, they get told that surveys are worthless.

 

They can't really win can they...

Ahh! At last someone has allowed the penny to drop . . . .!

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14 hours ago, debbbbs said:

I had not considered this so will do some research. Issuing a small claim is straight forward and I would not use a solicitor...they are worse than surveyors

I never ever had a boat survey. When I bought this house two and a half years ago I didnt have a survey and it has not fallen down yet. My daughter moved house yesterday as it happens. The solicitor she used to purchase the house and the vendors solicitor had everything completed and ready for the move when my daughter checked all the paperwork. Luckily this particular daughter has a law degree and a masters and is used to legal work with her job so she picked up that the boundries of the property where not as shown on the boundries from the land registry office. In short there is a cock up with the paperwork that neither solicitor had picked up yet my daughter did!! The bank has agreed to let her complete the purchase and sort the boundry out later between her and neighbours FFS.

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3 minutes ago, mrsmelly said:

I never ever had a boat survey. When I bought this house two and a half years ago I didnt have a survey and it has not fallen down yet. My daughter moved house yesterday as it happens. The solicitor she used to purchase the house and the vendors solicitor had everything completed and ready for the move when my daughter checked all the paperwork. Luckily this particular daughter has a law degree and a masters and is used to legal work with her job so she picked up that the boundries of the property where not as shown on the boundries from the land registry office. In short there is a cock up with the paperwork that neither solicitor had picked up yet my daughter did!! The bank has agreed to let her complete the purchase and sort the boundry out later between her and neighbours FFS.

Obviously, solicitors rarely examine anything they do. They just charge their per hour rate, multiply by the number of working days in their week and add VAT,  and COl plus the rate of inflation in Argentina. Job done.r

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It’s all very well and rather simplistic to slag off someone else’s job or profession.

 

However it seems the chap with the paint problem went to court without legal representation. Had he have sought legal advice I dare say he’d have saved himself some money because he’d never have got there in the first place.
 

(I can well imagine judges despair of folk who do this).


He seems to misunderstand that the burden falls on him to prove that the fault was caused by the builder.

 

The judge doesn’t have to decide how it was done, not even the most likely cause. They have to know it was the fault of the builder to find against them. That’s a very high level bar to prove.

 

And the chaps ignorance is reinforced by the comments. Such is the way of blogs.

 

 

Edited by Captain Pegg
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1 hour ago, mrsmelly said:

I never ever had a boat survey. When I bought this house two and a half years ago I didnt have a survey and it has not fallen down yet. My daughter moved house yesterday as it happens. The solicitor she used to purchase the house and the vendors solicitor had everything completed and ready for the move when my daughter checked all the paperwork. Luckily this particular daughter has a law degree and a masters and is used to legal work with her job so she picked up that the boundries of the property where not as shown on the boundries from the land registry office. In short there is a cock up with the paperwork that neither solicitor had picked up yet my daughter did!! The bank has agreed to let her complete the purchase and sort the boundry out later between her and neighbours FFS.

Solicitors send clients a plan - usually a Land Registry plan and ask their client to confirm the boundaries shown on the plan are those expected to be acquired; if not, a surveyor is sent for.

 

It sounds as though the lawyer has done its job properly; one doesn't expect the lawyer to inspect the property usually.

17 hours ago, debbbbs said:

 

 This year we finally found someone to refit the bathroom. As soon as he removed the wall and the shower the real reason for the odour was exposed. The toilet waste tank had corroded to such an extent that effluent was flowing through the whole of the boat. The steel tank was so badly corroded it was no longer attached to the hull. The damage was extensive. This was years of corrosion

 

This bit is telling.  Despite having the boat for a couple of years, the fault only became apparent when the wall and shower was removed.  Not something the surveyor could reasonably be expected to do.

 

 

16 hours ago, Alan de Enfield said:

 

 

Yes I have.

 

Well, I got as far as appointing a barrister, went thru the case with him, and, after much debate and sucking of teeth, he summed up the situation as "you have absolutely no chance of winning, the small print excludes pretty much all liability, if you do decide to go to court and lose you will have to pay not only all of your own expenses but all of the 'other sides' costs" I decided not to proceed and it cost me over £60k to put the boat 'right'.

 

Typical Surveyors 'small print' on the survey :

 

 "I have not commented upon anything I cannot see, opened cupboards, or lifted carpet. I have given the engine a visual appraisal but not heard it running, The survey is for the named person and is valid for todays date only."

 

It has been the only time I have ever employed a surveyor as I decided it was a waste of money.

17 boats later I have still never used a surveyor to buy a boat.

 

Don't waste any more money, sort out the boat and get on with your life.

Ensure you tell everyone you can of your tale - it may save them similar anguish.

I have my doubts that the small print you suggest is typical.  If the surveyor includes too many limitations on the scope of the report that were not agreed at the time of instruction, you would have a good case for declining to pay the fee or requiring that they are removed.

 

If you accepted the limitations at the outset - then you can hardly be surprised the report is subject to the same.

Edited by Tacet
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10 minutes ago, Tacet said:

Solicitors send clients a plan - usually a Land Registry plan and ask their client to confirm the boundaries shown on the plan are those expected to be acquired; if not, a surveyor is sent for.

 

It sounds as though the lawyer has done its job properly; one doesn't expect the lawyer to inspect the property usually.

This bit is telling.  Despite having the boat for a couple of years, the fault was only became apparent when the wall and shower was removed.  Not something the surveyor could reasonably be expected to do.

 

 

The solicitors sent the paperwork to exchange contracts and finalise the move. The cock up was found by my daughter, she is probably more and better qualified than the solicitor is? Luckily daughter went personaly to both neighbouring properties and contacted her lender before signing to exchange. She is going to pay for the boundries to be clarified and any fencing needed. When I bought a house in cornwall the solicitor I used failed to notice a flying freehold but picked it up later when we sold and stood the extra work involved as they admitted having missed it on purchase lol.

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15 minutes ago, Tacet said:

I have my doubts that the small print you suggest is typical.  If the surveyor includes too many limitations on the scope of the report that were not agreed at the time of instruction, you would have a good case for declining to pay the fee or requiring that they are removed.

 

You dont get the documentation until you have paid and the survey has been conducted - it a bit late to them say I don't agree with your small print.

 

Maybe there is justification for the limitations to be outlined before you commit.

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9 minutes ago, Alan de Enfield said:

 

You dont get the documentation until you have paid and the survey has been conducted - it a bit late to them say I don't agree with your small print.

 

Maybe there is justification for the limitations to be outlined before you commit.

You could (should?) ask for a note of the standard limitations before agreeing the fee.  If any unreasonable and unforeseen ones (the type you say are typical) appear in the report you could ask for them to be removed or refuse to pay/ recover the costs.

 

Unreasonable caveats will be standard escape-all clauses.  More reasonable limitations would be such matters as relate to the inspection.  For example, if the engine won't start the surveyor won't be able to say if it smokes a lot when running

Edited by Tacet
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6 minutes ago, Peanut said:

Sorting the property boundary out will involve a party wall surveyor, you just have to pay up and trust them.  But  as a lawyer she will know, you never go to law if you can possibly avoid it.

My little girl isnt a lawyer, She has the degree and masters but she didnt want to persue a job in that field. She uses her knowledge and qualifications amongst others when compiling prosecution files re her job as a HSE senior inspector in the building sector. She is well versed in court and paperwork procedures. Lets face it, the only reason any of us uses a solicitor when buying a house is because basicaly we have no choice. If house purchase was nice and straightforward like say a boat purchase without the crap, solicitors would be out of work as very few people would use one. I do appreciate that mistakes are made by all of us from time to time in all walks of life.

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35 minutes ago, Tacet said:

You could (should?) ask for a note of the standard limitations before agreeing the fee.  If any unreasonable and unforeseen ones (the type you say are typical) appear in the report you could ask for them to be removed or refuse to pay/ recover the costs.

 

One boat I bought had this survey in the file - I assume its typical and again, the 'conditions' would not be available until receipt of the survey :

 

Preamble & background to the survey.

 

BASIC STRUCTURAL CONDITION SURVEY REPORT ON:- "DALIMA"

 

The following survey was carried out on instructions received from :- XXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXx

.

LOCATION :- This vessel was surveyed ashore and afloat at Bray Marina, Monkey Island Lane, Bray on Wednesday, 28thJuly 2004. The weather conditions were good.

 

PREPARATION FOR SURVEY: No parts of the craft were dismantled and no bolts were drawn for inspection. No attempt was made to open up or prove machinery or systems. The electrical installation was not examined in detail, only switch tested.

 

INACCESSIBLE AREAS: I have not inspected the mouldings, woodwork or other parts of the structure which were covered, unexposed or inaccessible and I am therefore unable to report that any such part of the structure was free from defect.

 

SCOPE OF SURVEY: To inspect just the main structure of the hull of the vessel for purchase, excluding all other areas and items, unless specifically mentioned. This report does not certify that the vessel will comply with the latest Boat Safety Scheme (BSS) regulations.

 

 

How would a newbie know that they could request the terms, conditions and limitations  of the survey prior to commisioning the survey ? Why wouldn't the think that they are paying a fair amount of money, to ensure that they are not buying a 'Lemon'.

 

Yes - we know they are "sad deluded fools" but they don't.

 

 

 

 

Whilst on the subject - brokers are just as good with their 'wriggle, wriggle' terms and conditions.

 

"Don't believe what is written, we have no idea if it is true, and its not out fault if it is wrong. Its your responsibility to make sure its what you want"

 

Examples from various brokers :

 

Naburn Leisure

The Company normally acts as Broker for the Vendor who unless otherwise stated is not selling in the course of Business. Whilst every care has been taken in the preparation of these particulars, the correctness is not guaranteed and they are intended as a guide only and do not constitute a part of any contract. A prospective buyer is strongly advised to check these particulars and where appropriate at his/her own expense to employ a Qualified Marine Surveyor to carry out a survey and/or have an engine/sea trial conducted, which if conducted by us will not imply any liability on our part. The vessel is offered subject to prior sale, price change or withdrawl without notice. This specification it's content and all photographs are copyright of Naburn Leisure Ltd.

 

Boatshed

The particulars detailed herein are intended to give a fair description of the vessel but their accuracy cannot be guaranteed, these particulars are not a part of any contract or offer and are supplied on the understanding that all negotiations shall be through Boatshed Brokerages, who are acting as brokers for the vendor. The vendor is not selling in the course of a business unless otherwise stated. The prospective purchaser is strongly recommended to check the particulars and where appropriate, at his own expense, to employ qualified agents to carry out surveys, structural and/or mechanical & electrical.

 

ABNB

PLEASE NOTE: This is sales information and not a survey report; providing content details only. The specification in these pages is based on ABNB's visit to the boat and on information given by the owner. This is to help you decide whether to investigate the boat further, be it by surveyor or otherwise. The information here is given in good faith but no description, statement, promise of work to be done, or suggestion for future use, constitutes an offer. If the craft leaves the UK, any necessary VAT paid status may not be available.

 

Aquavista

Please note: this is not a survey report and all pre-owned boats are sold without warranty.

The information provided is based on a superficial inspection carried out by us and information provided by the vendor. No guarantee is given or implied regarding the specification, but descriptions are given in good faith as could be ascertained at the time of inspection. Aquavista takes no responsibility for the accuracy of this information and recommend the use of a marine surveyor to establish the condition of the vessel.

 

 

 

I think Whilton have probably the most 'honest' conditions of sale.

 

Whilton Marina

Neither we nor any third parties provide any warranty or guarantee as to the accuracy, timeliness, performance, completeness or suitability of the information and materials found or offered on this website for any particular purpose. You acknowledge that such information and materials may contain inaccuracies or errors and we expressly exclude liability for any such inaccuracies or errors to the fullest extent permitted by law.

 

 

 

Edited by Alan de Enfield
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2 minutes ago, Alan de Enfield said:

 

One boat I bought had this survey in the file - I assume its typical and again, the 'conditions' would not be available until receipt of the survey :

 

Preamble & background to the survey.

 

BASIC STRUCTURAL CONDITION SURVEY REPORT ON:- "DALIMA"

 

The following survey was carried out on instructions received from :- XXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXx

.

LOCATION :- This vessel was surveyed ashore and afloat at Bray Marina, Monkey Island Lane, Bray on Wednesday, 28thJuly 2004. The weather conditions were good.

 

PREPARATION FOR SURVEY: No parts of the craft were dismantled and no bolts were drawn for inspection. No attempt was made to open up or prove machinery or systems. The electrical installation was not examined in detail, only switch tested.

 

INACCESSIBLE AREAS: I have not inspected the mouldings, woodwork or other parts of the structure which were covered, unexposed or inaccessible and I am therefore unable to report that any such part of the structure was free from defect.

 

SCOPE OF SURVEY: To inspect just the main structure of the hull of the vessel for purchase, excluding all other areas and items, unless specifically mentioned. This report does not certify that the vessel will comply with the latest Boat Safety Scheme (BSS) regulations.

 

 

How would a newbie know that they could request the terms, conditions and limitations  of the survey prior to commisioning the survey ? Why wouldn't the think that they are paying a fair amount of money, to ensure that they are not buying a 'Lemon'.

 

Yes - we know they are "sad deluded fools" but they don't.

Nothing about not opening cupboards in those limitations.

 

It's reasonably standard practice to be aware of what is/what isn't included in a service before commissioning it.  And, equally important, if the report springs unagreed limitations you could cry foul, which is why firms usually provide the expected limitations in advance; mine does.

 

In your example, the report relates to basic structural condition. If the instructing party requested the same, it is therefore only to be expected to comprise the same. If, however, a full survey was commissioned, then the instructing party has good reason to expect something more and should demand it

 

It is difficult if the party has no clue as to what it wants or as to what it has received.  They could discuss it with the surveyor, of course - but there comes a point in which everyone has to make their own decision.

 

In my experience, to the main problem with survey reports is some people view them as a full money-back guarantee the boat (or property) is 100% perfect for ever.  And, as that is what they want to hear, the report and its limitations are not properly read.

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This is an interesting post - eyes alerted 'suing a Surveyor' - OK...........but the problem is.. being a good Surveyor takes years.looking at boats, problems, gaining experience.....whether it be houses, land, boats or what. a good Surveyor is always learning. I'm an old 75 FRICS.......and a boater for nearly 50 years, made some mistakes, but always look at legal cases and learn from them.....In this case the Surveyor should have ' followed the trail' , leak, smell, where does it come, find source - report Shower pump easy - but what else........ A person - Surveyor, with boating experience should know that ageing holding tanks have been doing the job for many years - they hold caustic chemicals, they corrode, have limited life.....leaks.....I have not ever bothered looking at boats unless they have Porta tanks for loos and  Self contained tanks for water.  if they don't have those - problems!!

 Obviously, I have dealt with houses, and walked off jobs where the problems were too great to be financially viable for the client..... and not charged a full, or any fee, but at 75, am still learning, for example ,,,,a boat nearby was turned down by a good Surveyor, it was bought and turned for a quick profit as a ' cheap liveaboard' ..... watch this space.....(sinking on the SGU).

 

 

Also, I have learnt over the years ---- try and tell some one they are buying problems, when their heart is set on buying it....... 

 

Question --Houses cost LOTS! Purchasers spend peanuts on surveys, boats costs. Peanuts (relatively) people spend lots on survey? Why?

 

Have fun, the legal gang have been making loads out of sorting it out for years.............

 

I remain, a master of the sharp, in drawn breath, unblinking eyes,

 

L. 

 

Edited by LEO
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14 minutes ago, Tacet said:

........however, a full survey was commissioned, then...............

 

I doubt many folks have one (or even know what a full survey is) It is extremely expensive and takes several weeks to get the results back as (for example : oil has to be sent away for anaylsis.) A full survey could be called a 'Hull, equipment and machinery survey'

 

I'd suggest that what people think is a 'survey' is in fact a 'pre-purchase survey' which is a cursory check to see if it is worth the asking price with no major issues. A good surveyor may switch on appliances, inverter etc, other will just switch-test lights etc.

 

Then of course we have a 'Structural Survey' a 'Survey for insurance purposes' or a 'Valuation Survey'

All used for different purposes.

 

All surveys focus in differing amounts  on different aspects of the boat.

 

I'd suggest that anyone buying a boat and was asked 'what survey do you want ? would consider that they want a 'pre-purchase survey', but, is it ?

If they want 99.9% peace of mind, assurances and 'hand holding' then maybe they should look at a full survey.

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31 minutes ago, Alan de Enfield said:

 

I'd suggest that what people think is a 'survey' is in fact a 'pre-purchase survey' which is a cursory check to see if it is worth the asking price with no major issues. A good surveyor may switch on appliances, inverter etc, other will just switch-test lights etc.

 

His website is all about how qualified and experienced he is and that employing him offered us a guarantee that the boat was worth the money and that there would be no major issues. As a newbie we naturally assumed that when you pay someone to do a job, they do it.

 

The surveyor saw water beneath the shower and at the stern access points inside the boat. On opening the access hatch beneath the shower which we know he did he would have been hit by the pungent odour.If the surveyor had simply made us aware that he had found water throughout the boat beneath the floorboards but was unable to determine where the water was coming from, even as newbies we would have been concerned and requested a more in-depth inspection to determine the cause of the water. However he told us that the water was the result of a leak from the shower that had been fixed. We don't know if this is the result of something he was told or simply an assumption on his behalf. So it wasn't that he missed the problem totally, he either mis diagnosed it or accepted a lie from the marina without question.

 

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2 minutes ago, debbbbs said:

As a newbie we naturally assumed that when you pay someone to do a job, they do it.

 

Cannot argue with that - unfortunately due to the fact that the inland boating industry is unregulated yours is not an uncommon event - you will find exactly the same level of incompetence when you call out an 'engineer' to fix something (it doesn't matter if it is electrical or mechanical). Even the "AA of the waterways" - a company called RCR offer a very 'mixed' level of service, a common complaint about them is " sucking of teeth, a big intake of breath" and "you need a replacement engine", It just so happens that they have a sister company selling reconditioned engines, you pays your bill,  get your nicely painted new engine fitted and away you go, your old engine is repainted and appears 'on their shelf' awaiting the next mug.

 

Don't get me wrong, there are good tradesmen on the canal system but they are hard to find. When you do find one, look after him.

 

You need to be able to get yourselves self sufficient for maintenance and repairs

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5 hours ago, MtB said:

 

The OP doesn't seem to have discovered corrosion in the shit tank until about a year later. The surveyor will claim the tank was fine on the day of the survey, and only later corroded through. Which may well be what actually happened. 

Oh I can assure you that the corrosion was extensive, and we did bring him on board. We had the welder and another expert present, both people he has regular contact with, to say the tank was fine when he did his report would have made him look like an idiot in front of people who he knows are experts in their field. The tank is supposed to be attached to the hull, the corrosion was so bad that you could put your hand through it and it just turned to rusty powder. 

 

 

 

5 hours ago, MtB said:

 

 

 

 

 

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debbbbs, I don't think you will get any satisfaction here, you need to get proper legal advice, from a lawyer who understands the law involved, and you will need an expert report from someone, "skilled in the same art."

 

Look here for a surveyor, you pay upfront, and if you win, you would get repaid. https://ydsa.co.uk/find/surveyors/

 

You could google for Marine Lawyers, near to you. Your first half hour may be free.

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23 minutes ago, debbbbs said:

Oh I can assure you that the corrosion was extensive, and we did bring him on board. We had the welder and another expert present, both people he has regular contact with, to say the tank was fine when he did his report would have made him look like an idiot in front of people who he knows are experts in their field. The tank is supposed to be attached to the hull, the corrosion was so bad that you could put your hand through it and it just turned to rusty powder.

That's what I meant by a catastrophic collapse. My hull fuel tank was a bit like that . Rusting away nicely to itself with no problems showing, everything working fine until one morning I had a bilge full of diesel and another forty gallons spewing out into it and the bilge pump cheerfully pumping it into the canal.

The surveyor made his educated guess. If no-one had used the toilet for a bit, and it had been left pumped out, nothing would be leaking when he was there. Showers leaking are a common source of cabin bilge water, and do smell fairly unpleasant, so it was a reasonable assumption and may well have been correct, too. Just because you've found one leak doesn't mean there hadn't been another at some time, especially on a hire boat, because not all hirers are careful what they spill. As said before, if anything can go wrong in a boat, it will. Everything leaks sooner or later. It's a very punishing environment. Fun, though, once you get out there!

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2 hours ago, LEO said:

This is an interesting post - eyes alerted 'suing a Surveyor' - OK...........but the problem is.. being a good Surveyor takes years.looking at boats, problems, gaining experience.....whether it be houses, land, boats or what. a good Surveyor is always learning. I'm an old 75 FRICS.......and a boater for nearly 50 years, made some mistakes, but always look at legal cases and learn from them.....In this case the Surveyor should have ' followed the trail' , leak, smell, where does it come, find source - report Shower pump easy - but what else........ A person - Surveyor, with boating experience should know that ageing holding tanks have been doing the job for many years - they hold caustic chemicals, they corrode, have limited life.....leaks.....I have not ever bothered looking at boats unless they have Porta tanks for loos and  Self contained tanks for water.  if they don't have those - problems!!

 Obviously, I have dealt with houses, and walked off jobs where the problems were too great to be financially viable for the client..... and not charged a full, or any fee, but at 75, am still learning, for example ,,,,a boat nearby was turned down by a good Surveyor, it was bought and turned for a quick profit as a ' cheap liveaboard' ..... watch this space.....(sinking on the SGU).

 

 

Also, I have learnt over the years ---- try and tell some one they are buying problems, when their heart is set on buying it....... 

 

Question --Houses cost LOTS! Purchasers spend peanuts on surveys, boats costs. Peanuts (relatively) people spend lots on survey? Why?

 

Have fun, the legal gang have been making loads out of sorting it out for years.............

 

I remain, a master of the sharp, in drawn breath, unblinking eyes,

 

L. 

 

House survey, in Scotland the vendor HAS to have survey, and only one company does it, so I was told. £700 for a " report "

The guy was useless and his report was false, I objected, and it was supposed to be amended. A year later I discovered  I could not sell it, or insure it. Absolute scam. The false report was given free to every person showing interest. 

 

 

 

Edited by LadyG
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I'm not looking for satisfaction, I think just accountability. 

 

I 'm not going to instruct a lawyer, what is done is done. I'm not paying someone to tell me something I think we all already know. A lesson learn't and hopefully a discussion with all you amazing people to just make others more aware and informed when buying a boat, that's all.

 

The boat has cost us more than we had anticipated, we've ripped her apart, been on our hands and knees cleaning out sh.t, scrubbing off rust, and now putting her back together, but we love her, we have made her ours, and have no intention of selling. 

 

We are fortunate in that we could afford to do the work. There was a moment when the welder asked the question whether we wanted to scrap the boat and walk away. My concerns are for those newbies who throw all their money into a boat based on a surveyors report and they don't have extra money for repairs. I just think if a surveyor isn't doing the job he's supposed to be doing, there should be some form of accountability. 

 

Even just a list of surveyors with a rating or a review system. If a surveyor receives bad reviews then he has a choice, do your job or find a different profession. 

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Aaaaargh!!!!  This is not uncommon. A real issue is that most stuff - tanks of various sorts, plumbing - again of various sorts, wiring - done by several chancers and much much more is only visible if you destroy half the boat by taking it apart, by the time you have done that you will know perfectly well what is wrong with it. Same with engines, it will be obvious after a week of cruising what is wrong with it but until then neither you or the experts will really know. For others embarking on this journey always assume that any integral tank is on its way to total failure quite soon. Surveyors are good at some things but they have not got X ray vision. PS Avoid lawyers at all costs, they will break your pocket and your heart. The boat can only break your pocket

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