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Bertram31.com General Bulletin Board
Re: Legal recourse to a bad survey
Posted By: Vic Roy In Response To: Legal recourse to a bad survey (STeveZ)
Date: Monday, 1 May 2006, at 7:01 p.m.
Well, I'm a lawyer and own a boat, so guess I know something about your issue. I am only licensed to practice law in Louisiana. I am not giving you legal advice, nor am I establishing an attorney-client relationship with you. With those weasel words out of the way, let me share my views with you and the other Faithful.
The potential liability of a professional for screwing up, say a doctor for taking your arm off when he/she was supposed to cure your acne, a lawyer for letting a legal deadline expire, or a marine surveyor for missing an obvious defect in a boat you are about to buy, is a state law issue. My experience has been that the standards for professional liability are pretty much uniform across the 50 states, with some exceptions. The traditional licensed professions, doctors, lawyers, architects, engineers, insurance agents, etc. are held to a high standard for not screwing up, since their screw ups affect life and property big time. If I go to sleep at the defense table in the courtroom, my client might get lethal injection. If the heart surgeon decides to take a break in the middle of the operation to watch the football game, the patient might die.
The un-licensed professions, like marine surveyors, are not held to this high standard, or at least not so far. The rule of thumb for the un licensed professions if you, as an average person, can see what they missed, it's on your nickel. If you saw what you show in the pics, you knew, or should have known that there was a problem. The question is was it reasonable to rely on the surveyor (forget the broker, they are all whores) and ignore what common sense tells, there is rust?
Anyway, call me on my nickel, 800 260 9908 tomorrow and I'll be glad to explain why you are probably screwed.
UV
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