Henry v Cloke and Sons
Henry v Cloke and Sons
- 1991
- Estates Gazette (1991) 37 EG 145-152(5) .
ORB 13 May 1991. The property was a four bedroomed house built around 1930. It was offered for sale at £78,000. Mr & Mrs H, the plaintiffs, viewed the house and made an offer of £74,000 which was accepted. They applied for a mortgage. The form stated that the mortgagors, NatWest, would get a valuation survey done, a copy of which would be sent to Mr & Mrs H, but `without responsibility to Mr & Mrs H, by the valuer or NatWest for its content. The defendants, C, are surveyors and valuers instructed by NatWest to complete the survey. This was done and a standard NatWest form completed which contains various statements to the effect that this is not a structural survey and that C held no responsibility for it to Mr & Mrs H. In the report C stated that there were no signs of subsidence despite noticing distortion to the front bay window, attributed to war damage. H notice this distortion after buying the property. The cracking was monitored and appeared to stop within a year. It was held
BUILDING SURVEYORS
DAMAGES
DUTY OF CARE
MEASURE OF DAMAGES
MORTGAGE VALUATIONS
NEGLIGENCE
SUBSIDENCE
SURVEYORS
ORB 13 May 1991. The property was a four bedroomed house built around 1930. It was offered for sale at £78,000. Mr & Mrs H, the plaintiffs, viewed the house and made an offer of £74,000 which was accepted. They applied for a mortgage. The form stated that the mortgagors, NatWest, would get a valuation survey done, a copy of which would be sent to Mr & Mrs H, but `without responsibility to Mr & Mrs H, by the valuer or NatWest for its content. The defendants, C, are surveyors and valuers instructed by NatWest to complete the survey. This was done and a standard NatWest form completed which contains various statements to the effect that this is not a structural survey and that C held no responsibility for it to Mr & Mrs H. In the report C stated that there were no signs of subsidence despite noticing distortion to the front bay window, attributed to war damage. H notice this distortion after buying the property. The cracking was monitored and appeared to stop within a year. It was held
BUILDING SURVEYORS
DAMAGES
DUTY OF CARE
MEASURE OF DAMAGES
MORTGAGE VALUATIONS
NEGLIGENCE
SUBSIDENCE
SURVEYORS