how to write a legal letter

[Ron Avery]

[quote user="Sunday Driver"]

As P-D de R says, the survey was commissioned by the vendor, who supplied the report to you.  Your decision to buy may well have been dependent upon the report (supplied by the vendor) being clear. 

If you have suspicions that the report did not reflect the true position (and you'd need a bit more than some builder saying he thought it might be asbestos), then you will probably have to get another independent survey carried out. 

If it doesn't turn out to be asbestos, or if it is certified as safe, then the original report was correct and you will have incurred an unnecesssary expense, although you will have peace of mind.  If it does turn out to be asbestos which poses a health hazard, and this was omitted from the original report, then you have recourse against the vendor - who then has recourse against his surveyor.

[/quote]

SD I had assumed probably wrongly, that BP had commissioned his own survey.  Of course if he is talking about the standard lead, asbestos etc surveys, the his first action is to go to the Motaire and ask him to sort it out with the vendor, but I cannot see how any loss has been incurred if BP does not even know it is asbestos.  I think we will leave it there and see what he says if he comes back.

[sunny]

[quote user="Ron Avery"][quote user="Sunday Driver"]

As P-D de R says, the survey was commissioned by the vendor, who supplied the report to you.  Your decision to buy may well have been dependent upon the report (supplied by the vendor) being clear. 

If you have suspicions that the report did not reflect the true position (and you'd need a bit more than some builder saying he thought it might be asbestos), then you will probably have to get another independent survey carried out. 

If it doesn't turn out to be asbestos, or if it is certified as safe, then the original report was correct and you will have incurred an unnecesssary expense, although you will have peace of mind.  If it does turn out to be asbestos which poses a health hazard, and this was omitted from the original report, then you have recourse against the vendor - who then has recourse against his surveyor.

[/quote]

SD I had assumed probably wrongly, that BP had commissioned his own survey.  Of course if he is talking about the standard lead, asbestos etc surveys, the his first action is to go to the Motaire and ask him to sort it out with the vendor, but I cannot see how any loss has been incurred if BP does not even know it is asbestos.  I think we will leave it there and see what he says if he comes back.

[/quote]

Thanks everyone for taking the time to help.  It is the standard survey, but I don't think it matters whether I commissioned the survey or the seller - it is a part of the legal sale process to protect the buyer and seller, with the cost borne by the seller. 

I thought as well at first, that I had to take the case to the seller/vendor.  My notaire said that the person responsible is the surveyor - his report is a core part of the sales agreement, and the seller is not really responsible for what the survey hides...

Now, was the survey inaccurate? I think so...and our builder is a respected, old French artisan who would not make this statement lightly - he is not a cowboy type chap. Of course, to first get the surveyor's perspective, I need to write to him... and for that I turned to help from the forum

Thanks also to the OP who pointed out the babelfish translations. LOL! 

[Alan Zoff]

All that really matters to begin with is whether the stuff is asbestos or not. If it isn't, end of story.

So if (with your immaculately-composed letter) you get the surveyor to make a further test and he still claims it's asbestos-free but you remain unconvinced, get an independent analysis. I don't know any labs in France but I have the name of one in Birmingham somewhere. I think they quoted about £40 or £50 - may have been less, certainly not more. They just ask you to snap or scrape off a sample (disposable gloves/mask), put it in one of their bags and post it to them.... (The things that are floating around in the post, eh?)

The notaire appears to have confirmed that if it is asbestos, the surveyor is liable. It would make a nonsense of the survey requirement if this was not the case. But liable initially to whom? French law may be different from English law, enabling you to have an action directly against someone who had a contract with a third party, but the notaire will no doubt clarifty this. (In England, I think you would have suits and counter-suits involving all parties in name but in practice involving their insurers.)

I certainly wouldn't just ignore it as some have seemed to suggest. Even if not an immediate health threat to you or other occupants, it's a potential blight on a future sale and if you leave it now, it will certainly be your responsibility when you come to sell. Sods Law, any purchaser will want the stuff removed - or you won't get a purchaser! - so you would end up footing the bill to remove it eventually.

[sunny]

Alan,

Thanks for your post.  Sweet17 also mentioned getting an independent lab analysis.  I think there are a few in France, and I can probably get the name of one from our notaire (he is really helpful!).

So with your encouragement, and advice from everyone in the Forum, I am going to write (hopefully) an "immaculately-composed" letter [:D] and then follow-up with an independent test, if need-be.

Thanks again to all for your advice and help.

BP