VALUERS PROFESSIONAL NEGLIGENCE CLAIMS
The two main professional associations for qualified valuers are the Royal Institution of Chartered Surveyors (RICS) and the National Association of Valuers and Surveyors (NAVA). These organisations deal with complaints and discipline for most valuers and auctioneers but neither of them are able to offer a method of claiming damages in a court of law for professional negligence by a valuer.
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Breach of the Duty of Care
To prove a claim for professional negligence against a valuer it is necessary to show that there exists a duty of care between the parties which is usually satisfied by the normal client relationship and to show that negligence has occurred, which in its simplest of terms means behaviour falling below a reasonable standard, leading directly to actual or anticipated financial loss.
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Erroneous Property Valuation
The most common legal action for a valuers professional negligence relates to property valuations which fail to disclose problems that may be costly to resolve. If a valuer has been negligent, by not pointing out inadequacies that cost money to rectify, you may be able to issue legal proceedings for professional negligence against the valuer to claim back the financial costs incurred. Most valuers do however qualify their reports and do not purport to supply a full structural survey.
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Reasonable Competence
It should be noted that a valuer will only be considered to be negligent if they have failed to act with the degree of care and skill to be expected of a reasonably competent valuer. Since valuation is not an exact science not every error will be regarded as negligent. If a client expects a full and detailed structural survey they should employ a qualified surveyor with instructions to carry out a full and detailed structural survey however that will be considerably more costly than a valuer whose brief is usually to report on the intrinsic value of a property without considering structural matters unless they are so obvious that they cannot be ignored.
HELPLINE 0844 915 0135
Professional Negligence Lawyers Association
If you find yourself in the invidious position of having to consider legal action to claim damages for professional negligence against a valuer or surveyor we can help. Our civil litigation solicitors, who are members of the Professional Negligence Lawyers Association deal with claims using the no win no fee scheme and compensation is paid in full. If you would like to know if you have a potential claim just email or use the helpline and we will take full details, carry out a detailed risk assessment and advise you in the clearest of terms whether or not we believe that you have a valid claim for compensation and the value of damages likely to be awarded.
Please Note :- We do not deal with complaints about poor service, bad attitudes or inadequate procedures. We deal with claims involving financial loss that has been or is likely to be sustained.