Not upheld: Unknown / needs review complaint against SCOR UK Company Ltd

Decision detail

Summary

Ms V purchased a homebuyer's protection policy in March 2024 after making an offer on a property. Following a survey that identified urgent issues, Ms V contacted the seller requesting they arrange works before she would provide the survey details, conditioning this on the seller covering investigation costs. The seller declined to agree without seeing the full report and decided to remarket the property. Ms V claimed on her policy, but SCOR declined the claim, finding that Ms V's actions had adversely influenced the seller's decision to withdraw. The ombudsman upheld SCOR's decision, finding sufficient evidence that the seller's withdrawal was a direct consequence of Ms V's conditional request, thereby falling outside the policy's coverage for withdrawals beyond the buyer's control.

The Ombudsman's reasoning

The ombudsman found that the policy terms require the property to be withdrawn due to reasons beyond Ms V's control, defined as situations where she had no adverse influence on the purchase failing. Based on the email evidence, the ombudsman concluded that the seller's decision to remarket the property was a direct consequence of Ms V's conditional request regarding the survey and works, thereby constituting adverse influence. While acknowledging that negotiations are expected in property purchases, the evidence supported SCOR's interpretation that Ms V's actions directly prompted the seller's withdrawal.

How this compares

Source

Read the original decision on the Financial Ombudsman Service website