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Article 15 - The difference between a ‘free’ survey and one that is paid for. |
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Articles
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A brief explanation of the difference between a ‘free’ survey and one that is paid for.
What is the difference between a free survey and one that is paid for?
An ‘expert’ in the eyes of the law is someone who claims to have a special skill or knowledge. A building preservation surveyor would fall into this category.
A person or company undertaking a building preservation related survey is therefore regarded as an expert and as a consequence they owe a duty of care to their instructing client to carry out that survey in a thorough, conscientious and diligent manner as befits an average building preservation surveyor. If that duty is breached and a loss or damage is suffered then the surveyor/company may be held negligent in tort. Tort is a civil wrong as opposed to a criminal wrong. The same duty of care exists irrespective of whether or not a fee is paid for the survey.
If a fee is paid for the survey then a contract would also exist. In these circumstances any acts or omissions that cause a client to suffer a loss could be held to be a breach of contract.
To summarise - a surveyor or company is liable for their survey and report irrespective of whether or not a fee has been paid for this service.
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