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Case Study 3 2016-10-11T05:01:25+00:00

Project Description

The Conflict

Mr Z wanted to purchase a house and, on the insistence of his lending bank, commissioned a homebuyer’s survey of the property. The surveyor visited the property and made a statement in his report that there were no structural defects, although he noted that the roof slates required some attention.

On the basis of this report, Mr Z obtained his mortgage and made an offer for the house. His offer was accepted and he moved in. Once he was living in the house, Mr Z obtained a quotation from a local roofing contractor to deal with the roof slates. The contractor told him that the roof had major structural movement and the whole roof would have to be replaced.

Mr Z contacted his solicitor and a dispute arose between Mr Z and the building surveyor who had carried out the homebuyer’s survey. Mr Z claimed that the surveyor should have noticed the structural defects at the time of the survey and his failure to do so had caused Mr Z to pay too much for the house.

The Resolution

The case went to court over the matter of compensation for Mr Z, and both parties were requested to obtain an expert report on the replacement value of the roof. Gary Bushell was instructed by Mr Z.

Gary’s expert report was submitted to the surveyor’s solicitor and upon receipt of Gary’s report, the solicitor advised the surveyor to make an offer of settlement. An agreement was reached and a reasonable settlement was achieved to compensate Mr Z for his loss.

Project Details