In message , John Laird
writes
On Fri, 5 Mar 2004 02:06:01 +0000, Richard Faulkner
wrote:

In message , "Di @ Freebies
Network UK" writes
On Thu, 04 Mar 2004 11:01:55 +0000, John Laird
wrote:

The Scottish system is not perfect. Buyers generally have to pay for
surveys with no guarantee of clinching the sale. When chains cannot be
linked neatly, someone has to either bridge or move into temporary

Isn't there now an obligaiton for sellers to have a survey?

No. It is mooted for 2006, but it was also mooted for 2001, and 2003.

Would you trust a sellers survey??

More to the point, I think the legal situation will be very complex. Either
the vendor will be tied up in knots by way of implied responsibility(*), or
the law will have to find a way of showing the surveyor acted for the buyer
when they clearly had no contract.

(*) Although there is an element of this already in Scottish property law.
I nearly had my buyer chasing me for a plumber's bill to correct a slightly
dodgy toilet flush (it worked every time if you had the knack). Apparently
we should have said the toilet flush was not perfect. I rather thought this
was the point of their survey.


Taking legal action against a surveyor and/or a seller after the event
will be a long, complex, and expensive process.

Having your own survey means you choose the surveyor, and he is working
for you and noone else.

Relying on a sellers survey leaves you in the dark - was he any good?
was it a quick cursory glance, or in depth? Was there a backhander
involved?

In most instances it should be fine, but I can imagine the scenarios
where the dodgy builder is in league with the dodgy surveyor, and so
on....



--
Richard Faulkner
Faulkner & Faulkner
Tel: 0161 881 6087 Fax: 0161 861 7636 web: www.estate.demon.co.uk