Who should pay the further survey requested by the mortgage lender?

[vince15 10]

A valuation survey has been undertaken by the mortgage lender and the surveyor pointed out a problem with the roof that requires further inspected by a roof expert. The mortgage lender said the buyer should arrange this on their own. However, it is not buyers' fault that there is a problem, which requires a further (non-standard) survey.

 

Shouldn't the seller pay for this additional survey, as it is their ignorance that caused the problem? If so, how could the buyer enforce this payment from the seller?

 

Many thanks.

[Jeffrey Shaw 90]

No, it's the purchaser who pays- after all, it's his mortgagee [lender] that's demanding the further survey.

 

Remember that saying 'Caveat Emptor'? It means 'Let the purchaser beware', i.e. the vendor's not liable for any nasty aspects of the property unless he misrepresented the position; there's no duty to disclose.

[vince15 10]

Thank you, Jeffrey. Can you please give an example of the misrepresentation of the position by the vendor in this case? Would "I had the roof inspection two weeks ago and everything is fine" considered as a misrepresentation?

[Jeffrey Shaw 90]

It might be; that depends on the context. Ask your solicitor if it's possible to make anything of it.