I touched on the subject of misrepresentation in my blog back in October 2017 but had occasion recently to review the whole subject when surveying a property that had obviously been the subject of numerous building surveys and had a multitude of problems, which, as it turned out, the agent was well aware of but had “failed” to pass on to my client.

This happened when carrying out a RICS Level 3 Building Survey on a property in Ashtree Road, Southampton which was being marketed by a well-known agent, beginning with “C” in Totton.

When returning the keys, the manager looked up and said - “All OK then?” to which I replied, no, and then listed 8 serious defects, the last being progressive structural movement, to which the agent, almost incandescent with rage said “we are aware of the first seven, but none of the other surveyors picked up progressive structural movement” - I rest my case!

We have to face the cold facts that Estate Agents do not act for the purchaser, they act for the vendor and unfortunately, unless you, as the prospective purchaser, ask some direct questions, you may find yourself paying for a survey which the agent either knows will be negative, or have their fingers crossed that the surveyor misses the defect(s) and gives the green light.

However, Estate Agents do have a legal obligation to pass-on any knowledge they have of a property and this includes whether they have lost a sale on the property due to an adverse survey or other inspection, so ASK THE QUESTION - preferably by email so that you have a written record!

And remember, it is illegal, under the Misrepresentation Act 1967, for a vendor to obscure defects and this includes filling-in structural cracks and not telling anyone - who would do such a thing?