Suing a Surveyor ?

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What would you say to a surveyor who wrote a report and added at the end 'I am told this boat suffers from osmosis'.

That's what happened to a friend of mine but in his case it was a house and the fault in question was munic block (aka concrete cancer). An independant engineer did the necessary tests and proved that mundic wasn't present. My friend sued the surveyor and lost.

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If the surveyor adds words to the effect that he had been told that this boat suffers from osmosis, then he's simply stating what's he's been told. No more, no less. If he's been contracted to check for osmosis as well, explicitly or implicity, then he'll be obliged to carry out a reasonable assesment and report his findings accordingly.

So it was up to your friend to expressly request an assesment for mundic, if this was covered by the terms of the existing survey contract.

For the surveyor to say that he's been told there's osmosis/mundic and not say anything more lets him off the hook as far as reliance on statements re: osmosis/mundic are concerned, although he might have to repay some or all of the survey fees if he had agreed to check for this.
 
An interesting discussion but the original poster came on talking about a problem. He then refuses to elaborate on the "fault", hiding behind the excuse that he had better not say more for "legal reasons"....despite the fact that he and his boat clearly cannot be identified.

Without more information I would prefer to take the opinion of an unbiased surveyor and assume that someone out there is trying to sell a boat which has a serious problem which he won't acknowledge.
 
I'm not hiding, but put yourself in my shoes, if I tell you is a Moodyxxx then everyone on this forum will think just as you have done, and I quote " <span style="color:blue"> </span> I would prefer to take the opinion of an unbiased surveyor and assume that someone out there is trying to sell a boat which has a serious problem which he won't acknowledge. <span style="color:black"> </span> "
 
Well, put your self in our shoes. There are a multitude of folk in here who have the broadest and deepest knowledge base of yachting I have ever come across. They can offer advice and experience if they know what they are aiming at.
They could possibly assist you in determining whether you have the issue or not by establishing if the known symptoms or physical signs are evident.
Thus you have not identified either yourself, or your specific craft. Indeed, it could actually belong to a 'friend' couldn't it?
If you don't like the advice, don't take it. It cost nothing, and that's what it's worth!

And everyone on here are not of the same thought process and oftenmost have different risk strategies, but they are helpful....
 
Mmmmmmm!

You were probably asked about the fault because there is a wealth of knowledge and experience available on this forum. There is every chance that, given the full story, you would get useful feedback.

You are also all but anonymous so there really is little point in applying the official secrets act to your story.....unless you are trying to hide something.

Either there is nothing wrong with your boat, in which case you can get helpful advice here. Or, there is something wrong with it and you don't want to face up to it or you are hoping to sell without disclosing all the facts.

In any event, you are not giving the full story and to claim you are withholding information for "legal reasons" is patently untrue. It seems me that you are simply witholding information because you are worried that it may make your boat more difficult to sell.

The fact that you are quoting the structural engineering experience of your friend makes me think that there is a structural problem with your boat. Is this the case?

As others have already said; No, you can't sue the ex-purchasers surveyor.
 
Sounds like your easiest resolution is to simply find another reputable (recommended) surveyor and pay him to do a pre-sale survey of your boat for you. And pre-empt any potential problems before he goes to print with his written report.

That way, when a prospective purchaser asks about a survey, you can legitmately say "well, the last survey said everything was fine etc etc"..... and if in fact if you are lucky some purchasers might be prepared to even accept the new survey you have had done as it's so recent. Of course other will always insist on getting their own independent survey but at least you will be back in a position of strength.
 
Mmmmmm now we have an interesting situation ... thoughts

A person comes on asking if he can sue a surveyor ... OK ... good question.

Same person will not give more detail to assist forumites to help him further ..... mmm his choice.

Now what does he do ? Does he have another survey at his own expense or some other idea ?

MMMMMMmmmmmmmmm interesting .... as now we have a real problem. A seller cannot knowingly withhold information about a sale item if that information would influence the sale and action of the buyer. This applies if buyer asks about survey / defects etc. - IF buyer does not ask then caveat emptor.
Now the guy goes out and has his own survey done and offers it with sale of the boat ........... very attractive - but for me I would ask why would the guy spend his own money instead of a buyer ? And we still have the "information" clause regardless of subsequent survey ....... previous survey had a defect ... he is aware of that statement in the report.


Mmmmmmmmm I'm glad its not my boat to sell .... original poster has a problem and a sticky one to solve .....

It may be the only way to get to an answer is to invite the original surveyor back on sellers responsibility / fee ... to explain and illustrate the problem and why it was reported. If the surveyor cannot then show / prove his statement - then I think the situation changes somewhat and a legal recourse may then be possible .... at least recalling the original buyer back again to reconsider etc.

Whichever way - money is being lost by the seller - whatever happens ...
 
Re: Mmmmmm now we have an interesting situation ... thoughts

Surely any credible surveyor would decline to become involved with the seller due to the likelihood of a conflict of interest?

Rather than getting more surveys done it may be that the way to resolve the problem is to either repair the boat or adjust the price accordingly!! Simple really. /forums/images/graemlins/smile.gif
 
Re: Mmmmmm now we have an interesting situation ... thoughts

What is the conflict of interest?
 
Re: Mmmmmm now we have an interesting situation ... thoughts

Working for both the buyer and the seller.
 
Conflict ??

Not if you employ him to return for your fee and not for the other guy .... it's a separate job. The fact that he was there before is the advantage - you can a) beat him down to a price suitable for the reduced work he does .... b) you can nail him about his previous report.

In the Survey biz - we often do Joint Surveys ... that is for buyer and seller - splitting the fees ..... and we are talking millions of dollars cargoes etc. and also when a ship goes on / off contract with repairs etc. to determine.

The only conflict would be if you expected to repeat and not pay .......
 
Who said Joint Survey .....

I did not say a Joint Survey - which in fact is a possible avenue and despite its outward appearance is not a conflict. In fact it is common practice on commercial ships and cargo's.

The suggestion was for him to return for Sellers interest and fee .... as a second separate survey ....
 
Re: Conflict ??

Well I have to bow down to your knowledge of the Marine Surveying business....but that surprises me!

In any event this surveyor would be best advised to stay away; the seller would either be trying to get evidence with which to sue him or to get him to change his mind!
 
Marine Survey Biz ...

In many instances both sides do jointly appoint - based on the principle that the Surveyor is Independent and should report what he sees / finds.

As to this case ... if the survey had been mine ... (Obviously I would like to think the outcome would have been different - not a fight!) - but I would be prepared to re-visit for the seller - traeting it as a separate job ....

From the surveyors point of view - it may even be to benefit - as then he has opportunity to explain better to who is now CLIENT ... previous case he would have been bound by confidentiality.

If subsequent survey shows repair / different findings - then seller would then be in stronger position to discount first reported faults as it's same surveyor ... probably null and voiding first report ??

If the surveyor has done a correct job on first visit - why should he be afraid to re-visit ? Unless circumstances have changed ... such as repairs etc. - then that would be obvious .... or he did make a mistake. But his liability on initial was to buyer - who did not lose ... only on this second is liability to seller and only for this second visit and report.

They are two different matters and should be regarded as so.
 
Re: Marine Survey Biz ...

I can fully understand the idea of a joint appointment when the appointment is made right from the word go.

I must admit though that I find the idea of a surveyor "switching horses" and working for the seller somewhat disturbing. I understand that you say it is a different job but I would argue that, in this case, the two jobs are so closely related as to be indistinguishable.

Certainly I would expect a solicitor to run a mile in a comparable situation.

Personally I would see no benefit at all in calling the same surveyor in as I would expect him to say exactly the same thing again. Why spend money only to hear what you already know?

As I say I am a mere layman, but I am surprised at what you say. I suppose it all depends on whatever professional code of conduct the surveyor operates under.

It's a pity that "for legal reasons" /forums/images/graemlins/frown.gif we will never hear what this particular case was all about.
 
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