Survey problems - advice needed please
- Thread starter ufo-digital
- Start date
RichardS
N/A
sailor211
Well-Known Member
bedouin
Well-Known Member
Showing a "without prejudice" communication to the judge - that would not go down well!
ufo-digital
New Member
OP here - many thanks to everyone who has offered advice
The latest is that I have spoken with the surveyor and apparently his hammer went right through the hull at one point - no doubt this is the damage the seller is referring to!
However, the surveyor seems happy enough that he was doing a routine survey and that the seller has no comeback as the boat was found to be entirely unseaworthy and would have sunk if sailed.
I have located a copy of the seller's original advertisement and the clear implication of the ad is that the seller has just spent 18 months recommissioning her and she's ready to sail away. No mention of any serious work still required - surely that is misrepresentation? What if I'd bought it without a survey and sunk?
BTW - apparently I didn't get a report after the survey because I got a £100 refund instead. :/
The latest is that I have spoken with the surveyor and apparently his hammer went right through the hull at one point - no doubt this is the damage the seller is referring to!
However, the surveyor seems happy enough that he was doing a routine survey and that the seller has no comeback as the boat was found to be entirely unseaworthy and would have sunk if sailed.
I have located a copy of the seller's original advertisement and the clear implication of the ad is that the seller has just spent 18 months recommissioning her and she's ready to sail away. No mention of any serious work still required - surely that is misrepresentation? What if I'd bought it without a survey and sunk?
BTW - apparently I didn't get a report after the survey because I got a £100 refund instead. :/
RichardS
N/A
There is absolutely no prospect that a request of the sort you have suggested will be covered by the "without prejudice" rules unless the letter contains a clear attempt at settlement and, even then, Judges at Small Claims are extremely unlikely to accept such a term.
Richard
bedouin
Well-Known Member
Trying to establish a dialogue about the claim constitutes an attempt at negotiation and so come within the without prejudice rules that the courts tend to interpret very broadly.
In fact asking for such details would not nornally be seen as an admission of anything.
lpdsn
Well-Known Member
OK, that's not much of a refund for just skipping the report as well as terminating the survey early. Still you were happy with it until the seller starting making a fuss. The situation now though is that you're piggy in the middle without even a report to wave at the seller.
What did the surveyor suggest you actually do about the seller now? Are you going to put the seller in touch with the surveyor directly so they can talk about a claim on his PI insurance?
ufo-digital
New Member
Not very happy with the seller or the surveyor to be honest
The surveyor has said that he won't deal directly with the seller as I am the client so I'm currently waiting for an email from the surveyor which he says I can forward to the seller (sigh)
I think what I'll do is, as you suggest, direct the seller to the surveyor - if he thinks that his boat has been damaged then he can take it up with the guy who he alleges did the damage instead of me...
The surveyor has said that he won't deal directly with the seller as I am the client so I'm currently waiting for an email from the surveyor which he says I can forward to the seller (sigh)
I think what I'll do is, as you suggest, direct the seller to the surveyor - if he thinks that his boat has been damaged then he can take it up with the guy who he alleges did the damage instead of me...
Spyro
Well-Known Member
It's all getting a bit complicated now but I would say the bottom line is you employed a surveyor to do a survey what he chose to do or didn't do to the hull was his decision. He didn't call you and say I'm going to belt this with a hammer is that ok with you. I can see why the seller is looking for the damage to be made good but it was the surveyor who caused the damage not you so tell him who the surveyor was and tell him not to harass you any more. The surveyor has done you no favour. £100 refund is a pittance if all he did was turn up and spend an hour there and not even write a report.
Do you have legal cover along with your house insurance or through work? Might be worth looking into.
Do you have legal cover along with your house insurance or through work? Might be worth looking into.
lpdsn
Well-Known Member
Sounds like the surveyor is trying to hide behind his contractual relationship being with you rather than the seller. There's some proper lawyers on the forum if it starts to get interesting but I think the seller could claim directly from him for damage.
However on the practical level because you have no report you've got nothing to refute the sellers claims against you. You'll want to make sure the e-mail is good.
If it were me I think I'd now be trying to scare the surveyor into believing there is a real likelyhood of comeback against him and his PI if you incur losses as a result of the seller's claims. The last thing he'll want is a PI claim as it'll up his premium.
doug748
Well-Known Member
I would do that. Simply say you have passed on his remarks, attach the surveyors comment and suggest further observations should be made to him direct. Then ignore him.
Actually I would always be very wary of well meaning advice on this sort of matter (including mine). You could probably get an initial interview with a marine law specialist for under 100 quid and he would properly know how to proceed.
D
Deleted member 36384
Guest
If you are a member of the RYA you can get free legal advice. It could be worth an annual fee (£45) just for that. For example, in the members only area they have 'Negligent Survey' section with information and contact numbers.
RichardS
N/A
penberth3
Well-Known Member
Why would you do that? At the moment the surveyor is on the OP's side, and presumably still has photos and notes which might be useful.
lpdsn
Well-Known Member
At the moment the surveyors attitude seems to be saying "not my problem, mate." The OP wasn't there when the alleged damage was done, the surveyor was. OK, on the face of it, it seems like the whole claim is a load of rubbish but if it turns out there is any merit in it it is against the surveyor's actions. The OP needs to get the surveyor to wake up and take it a bit more seriously. In the end if the OP suffers financial loss because of the surveyor's actions, which is a risk as he doesn't have the report to defend himself, he can claim against him so ultimately shouldn't lose out, but it'll be a lot of hassle and it would be better to stop the seller in his tracks now.
I think Doug748 probably has it best. Put the seller in touch with the surveyor when forwarding the e-mail and let them thrash it out. After all the surveyor got 9/11ths of the money for probably a third of the work he was originally going to do so there's a bit of credit left over for tidying up the issues.
Seven Spades
Well-Known Member
When I bought my boat I was only able to have the boat surveyed after I had paid the deposit. I was also told that should i not go ahead with the purchase then the costs of re-applyig the removed anti-foul woudl be deducted from the deposit. This was 12 years ago so things may have changed but I would not be suprised if you are indeed liable to make good any damage your surveyor did during the inspection. You will not be able to get out of the loop, you employed him.
GrahamM376
Well-Known Member
Those are my thoughts as well, I would expect the boat to be reinstated to the condition it was in before the survey. Problem is, who's going to weld a rusty patch to a rusty hull?
Resolution
Well-Known Member
Simples. A big blob of paint then chuck some rust particles at the wet paint. Puts it back to the condition pre-survey.
Giblets
Well-Known Member
It would be interesting to know if the OP had a signed written contract with the surveyor detailing his T&Cs or if everything was 'word of mouth'.