Whalley and another v Roberts & Roberts
Language: English Series: Estates Gazette ; (1990) 06 EG 104-118(7)Publication details: 1990Subject(s): Summary: QBD 22 May 1989. Claim by Mr and Mrs Whalley (W) that a mortgage valuation on a bungalow by Roberts & Roberts (R) chartered surveyors was negligent. When W moved into the building they found that it was not level. The previous tenants and W themselves had not noticed this. The report made by R made no mention of the defect in level, it stated that its purpose was to provide a valuation for mortgage and that it was not a structural survey, it also included a disclaimer of responsibility. R said checking for level was not something they would normally do, unless there were obvious signs, such as cracking. In this case these were absent because they had been deliberately camouflaged. it was held that R`s survey was not negligent because the fault was masked and that the survey report was for valuation purposes and not a structural survey.| Item type | Current library | Call number | Copy number | Status | Barcode | |
|---|---|---|---|---|---|---|
| Law report | London Journal article | ABS42233 (Browse shelf(Opens below)) | 1 | Available | 35549-1001 |
QBD 22 May 1989. Claim by Mr and Mrs Whalley (W) that a mortgage valuation on a bungalow by Roberts & Roberts (R) chartered surveyors was negligent. When W moved into the building they found that it was not level. The previous tenants and W themselves had not noticed this. The report made by R made no mention of the defect in level, it stated that its purpose was to provide a valuation for mortgage and that it was not a structural survey, it also included a disclaimer of responsibility. R said checking for level was not something they would normally do, unless there were obvious signs, such as cracking. In this case these were absent because they had been deliberately camouflaged. it was held that R`s survey was not negligent because the fault was masked and that the survey report was for valuation purposes and not a structural survey.