When does a valuer’s liability arise?
When does a valuer’s liability arise?

The following Property practice note provides comprehensive and up to date legal information covering:

  • When does a valuer’s liability arise?
  • Client
  • Express contractual liability
  • Implied contractual liability
  • Negligence
  • Third parties
  • Fraudulent valuation
  • Standard of care and skill
  • Method of valuation
  • Causation
  • More...

A valuer estimates or assesses the worth or value of, or fixes a price for, a property. The note does not cover the liability of a valuer acting as an arbitrator, nor mortgage valuations.

See Practice Note: Reliance by mortgagor on mortgagee’s survey.

Client

Express contractual liability

A valuer is liable to his client for breach of contract if he:

  1. does not carry out any service he has expressly agreed to perform

  2. breaches an express term of the contract

Implied contractual liability

A valuer is also liable for breach of an implied term of the contract if he does not carry out the agreed service:

  1. with reasonable care and skill

  2. within a reasonable time (where the contract does not fix the time for performance or method of determining it)

Negligence

A valuer who does not show the requisite standard of professional skill and care, is liable in negligence.

Third parties

A valuer owes a duty of care in tort to a third party, provided there is a sufficiently proximate relationship between them, if he knows (the knowledge may be actual or inferred) that his report will be shown to the third party who will act in reliance on it. The valuer need not know the identity of a third party. He must just be aware of the third party as a member of an identifiable class (eg prospective purchaser).

A duty may (at least where

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