Residential Surveys for buyers
Submitted by Steve Chadwick on Tue, 08/12/2009 - 22:38
Hello all,
In a meeting today for Surveyors, it was mentioned that Conveyancers have a "duty of care" and that they must instruct a condition Survey for the buyer. This is apparently included in a contract with the Law Society and "normally hidden in small print within the buyers contract".
Is this true?
Rule 1 of the Solicitors Code
Rule 1 of the Solicitors Code of Conduct requires a solicitor among other things to act in the best interests of clients.
This does not require a solicitor to commission a survey as a matter of course.
It does mean that a solicitor when acting for a buyer should always advise the client on the need for a survey.
He/she should also advise on the different types of survey available and their likely cost.
It is for the client to decide whether he/she wants to take that advice.
As far as my practice is concerned a client is always advised in writing at the beginning of a transaction to have a survey.
This is again repeated verbally when he/she calls into the office to go through the papers.
Of course not all firms will
Of course not all firms will see their clients to give the advice....many do conveyancing by post....with little or no service, piling them high selling them cheep...( probably what tesco and Virgin might do when they come on board) in the hope that the costs they receive will outweigh the possible claims made when it goes wrong
Richard Paremain