Oswald and another v Countrywide Surveyors Ltd
Oswald and another v Countrywide Surveyors Ltd
- 1996
- Estates Gazette [1996] 37 EG 140-142(3) .
CA 22 May 1996. A survey and valuation of O`s property failed to make clear that the house was infested with death watch beetle. Damages awarded. C appealed the award of damages contending that the judge was wrong to consider the purchase price and not the valuation figure. "Held" the normal measure of damages is the difference between the value of the property in the condition described in the surveyors report and the value as it should have been described. In this case there was no comparable evidence to value the property as it should have been described, so the judge was entitled to accept the price paid for the property and adjust the repair costs to reach a suitable value. Appeal dismissed.
COMPARABLES
DAMAGES
DEATH WATCH BEETLE
MEASURE OF DAMAGES
NEGLIGENCE
OSWALD AND ANOTHER V COUNTRYWIDE SURVEYORS
RESIDENTIAL PROPERTY
STRUCTURAL SURVEY
SURVEYORS
CA 22 May 1996. A survey and valuation of O`s property failed to make clear that the house was infested with death watch beetle. Damages awarded. C appealed the award of damages contending that the judge was wrong to consider the purchase price and not the valuation figure. "Held" the normal measure of damages is the difference between the value of the property in the condition described in the surveyors report and the value as it should have been described. In this case there was no comparable evidence to value the property as it should have been described, so the judge was entitled to accept the price paid for the property and adjust the repair costs to reach a suitable value. Appeal dismissed.
COMPARABLES
DAMAGES
DEATH WATCH BEETLE
MEASURE OF DAMAGES
NEGLIGENCE
OSWALD AND ANOTHER V COUNTRYWIDE SURVEYORS
RESIDENTIAL PROPERTY
STRUCTURAL SURVEY
SURVEYORS