Terms of Engagement
Terms and Conditions - These terms and conditions form part of the contract between Morguard Building Surveyors Ltd and the customer. These terms and conditions apply to the exclusion of all other terms and conditions.
1 The Service - The purpose of the inspection and the verbal and written reports is to put the present condition and performance of the property into an overall perspective and this inspection will be undertaken by a person (the “Surveyor”) who is assessed and approved by Morguard Building Surveyors Ltd.
The surveyor who provides the Home Survey aims to:
• help you make a reasoned and informed decision when purchasing the property, or when planning for repairs, maintenance or upgrading the property.
• provide detailed advice on condition.
• describe the identifiable risk of potential or hidden defects.
• where practicable and agreed, provide an estimate of costs for identified repairs; and
• makes recommendations as to any further actions or advice which need to be obtained before committing to purchase, and
• consider what further advice you should take before committing to purchase the property.
2 The report follows a visual inspection of the accessible parts of the property. Notes are taken during the inspection and these notes contain the original information to which the Surveyor refers and upon which the Surveyor relies when subsequently reporting to a client, either verbally or in writing. A written report supersedes any verbal report and should be considered fully before any legally binding decision is made in respect of any expenditure on the property.
3 The level 3 Home Survey report will NOT include a Structural Survey (we are not Structural Engineers) nor a market valuation but will include an overall opinion of the property’s appraised value based on the information we have been given and reviewing recent sales of similar properties in the area. The Level 2 Home Survey report does not include any valuations/market appraisals.
4 The report is NOT a guarantee that the property is free from defects other than those mentioned in the report, nor is it an insurance policy. When we check for dampness, unless otherwise stated, we will use an electronic moisture meter. it is normal practice that photos of dampness will only be taken where dampness is noted with the electronic moisture meter, not where it is not.
5 A Survey inspection and report will focus on the condition of the principal elements of the property. Fittings and finishes will be subject to general inspection only. Comparatively minor points will be excluded. Permanent outbuildings converted to habitable use will be inspected to the same level as the main house.
6 There will be practical limitations on the scope of the inspection. The Surveyor will not break out or open up the structure, lift carpets, cut floorboards or move heavy or delicate furniture. Ladders are carried for access to flat roofs and structures up to a height of three metres. The Surveyor will inspect accessible and safe roof spaces and areas below floors but will be unable to report that parts of the property which are covered, unexposed or otherwise inaccessible are free from defects.
7 All Survey reports are built on an easy to understand ‘traffic light system’. Each section prompts the Surveyor to give a ‘condition rating’ which is red, amber, or green. Red (1) means defects are serious and/or need to be repaired, replaced, or investigated urgently. Amber (2) means, defects need repairing or replacing but are not considered to be either serious or urgent. The property should be maintained in the normal way. Green (3) means, no repair is currently needed. The property should be maintained in the normal way.
8 Guideline Budgets for repairs are included in a report where appropriate, but they are based on information available to the Surveyor at the time. We recommend that all repair costs are subject to confirmation by further investigation/specification and then contractors’ competitive estimates prior to making any legal commitment.
9 Surveyors are not qualified to test or confirm the adequacy or safety of services installations. The Surveyor will report on the basis of a visual inspection of the accessible parts. We recommend that you arrange for specialist tests of the electrical services, gas and/or heating installations.
10 Surveyors are not qualified to test or confirm the condition of leisure facilities such as Jacuzzis, Tennis Courts, etc. Customers are advised to commission their own specialist inspection.
11 This is NOT a specific asbestos or other hazardous materials survey. The sampling and testing of asbestos containing materials or other hazardous or suspect materials are outside the scope of the survey. Where such materials are discovered or suspected within the normal scope of inspection, they will be reported, and appropriate recommendations made for further investigation/management.
12 If the property is leasehold, then you should obtain advice from your Solicitor in respect of your legal liabilities under the leasehold arrangements for the property and in particular in respect of the repairs/maintenance. The scope of the Surveyor’s inspection will relate to internal finishes of the leasehold property to be purchased and adjacent fabric within the immediate curtilage of the property. Other elements of the structure will be subject to a brief inspection from the exterior and/or common parts only.
13 Extra Services - the Surveyor provides only the standard Home Survey Service (‘the service’) described above, unless you and the Surveyor agree in writing before the inspection that the Surveyor will provide extra services. Any extra services will require separate Terms of Engagement and a separate contract to be entered into with the Surveyor.
Examples of extra services include:
• re-inspection
• detailed specific issue reports
• an appraisal of market value (provided in Level 3)
14 Liability – The report is provided for your use, and the Surveyor cannot accept responsibility if it is used, or relied upon, by anyone else. Morguard Building Surveyors Ltd expressly forbid the report or any of its contents to be sold on to any other party. However, the report is objective and can be relied upon by any party that has a valid legal interest in the condition of the property, provided that interest has been notified to and acknowledged by us in writing.
15 Before the inspection – We will request your particular concerns about the property and explain (where necessary) the extent and/or limitations of the inspection and report.
16 Terms of payment – the fee for this service has been quoted to you and should be paid via Bank Transfer or Credit/Debit card (over the phone) before the survey takes place.
Cancelling this contract – You have 14 days in which to cancel this contract which starts from the date on which this contract is entered into. Should you wish to cancel this service, please inform us in writing using the following format:
(CUSTOMER CANCELLATION NOTICE)
Name of Customer:
Address of Customer:
I/We hereby give notice that I/We wish to cancel my/our contract dated:
Customer Signature:
Date:
This notice should be sent to Morguard Building Surveyors Ltd,
2-5 Croxted Mews, 286/288 Croxted Road, London, SE24 9DA
Tel: 07359 548939
Email: rosanna@morguard.co.uk
17 Refund Policy - No survey - No fee. We request full payment ahead of the Survey - this must be done at least 48 hours prior to guarantee the slot. If you decide to cancel, you will be refunded in full and will not be charged a cancellation fee.
18 Non-Delivery of Service - The Surveyor does not provide the service (and reports this to you as soon as possible) if, after arriving at the property, the Surveyor decides that:
i) he or she lacks enough specialist knowledge of the method of construction used to build the property; or
ii) it would be in your best interests to have a Level 2 Home Survey Report or a Condition Report, rather than the Level 3 Home Survey.
If the Surveyor cancels this contract, he or she will explain the reason to you, and you will receive a refund less any costs and expenses.
19 Force Majeure – Whilst every reasonable effort will be made to carry out the inspection at the date/time agreed, we cannot be held liable for any losses caused by matters outside our control, such as, but not exclusively: Surveyor illness, traffic/vehicle delay/breakdown, extreme weather conditions or vendor unavailability.
20 Health and Safety – Morguard Building Surveyors Ltd and its Surveyors are required to comply with Health and Safety legislation and RICS Guidance Note Surveying Safely: ‘Health and safety principles for property professionals’. The Surveyor will assess the safety implications presented by the site and may have to restrict the scope of the inspection that is able to be carried out.
21 Morguard Building Surveyors is regulated by RICS (Registration no:883073) for the provision of surveying services. This means we agree to uphold the RICS Rules of Conduct and all other applicable mandatory professional practice requirements of RICS, which can be found at www.rics.org. As an RICS regulated firm we have committed to cooperating with RICS in ensuring compliance with its standards. The firm's nominated Responsible Principal is Ian Smith MRICS, Director, 020 3662 6586.
Morguard Building Surveyors Ltd - Complaints Handling Procedure (CHP):
The CHP, which is Regulated by RICS, has two stages. If, after having raised an issue, you are dissatisfied with the Response from MBS you should follow this CHP. Stage One of the CHP gives MBS the opportunity to formally review and consider your complaint in full, referring the matter to the MBS Head of Compliance, Rosanna Quaglieri. MBS will try to resolve your complaint to your satisfaction. If you are not happy with our response, you will have the opportunity to take your complaint to Stage Two. Stage Two gives you, the client, the opportunity to have your complaint reviewed and considered by an independent arbitrator, the Centre for Effective Dispute Resolution (CEDR).
Stage One:
If you have spoken to us about your complaint, please put the details of your complaint in writing. Any complaints regarding a report should be made within 14 days of receipt of the report. We ask that you put your complaint in writing to make sure that we have a full understanding of the reasons for your complaint. Please send your written complaint to:
Ian Smith, Morguard Building Surveyors Ltd
This notice should be sent to Morguard Building Surveyors Ltd,
2-5 Croxted Mews, 286/288 Croxted Road, London, SE24 9DA
Tel: 020 3662 6586
Email: ian@morguard.co.uk
Website: www.morguard.co.uk
We will consider your complaint as quickly as possible and will acknowledge receipt of your complaint within 7 days. If we are not able to give you a full response, we will update you within 28 days.
Stage Two:
If we are unable to agree on how to resolve your complaint then you should address your complaint to the CEDR (Centre for Effective Dispute Resolution) https://www.cedr.com/consumer/rics/ an ADR (Alternative Dispute Resolution) provider, as approved by RICS Regulatory Board.
DISCLAIMERS
The report is prepared by Morguard Building Surveyors Ltd, Company No 14911677. The statements and opinions expressed in the report are expressed on behalf of the company, errors and omissions excepted.
To the extent that any part of this notification is a restriction of liability within the meaning of the Consumer Rights Act 2015 it does not apply to death or personal injury resulting from negligence.
Morguard Building Surveyors Ltd gives no representations or warranties, express or implied, and no responsibility or liability is accepted for the accuracy or completeness of the information inserted in the document or any other written or oral information given to any interested party, or its advisors, errors and omissions excepted. Any such liability is expressly disclaimed.
This contract is governed by English Law and the parties hereto hereby submit to the exclusive jurisdiction of the English Courts. These terms form part of the contract between you and the Surveyor.