Gardner and another v Marsh & Parsons and another
Gardner and another v Marsh & Parsons and another
- 1997
- Estates Gazette [1997] 15 EG 137-147(10) .
CA 13 November 1996. In 1985 G instructed M to make a structural survey of a maisonette. The report failed to disclose a serious structural fault and G acquired a long lease on the premises. The defect was discovered later when G tried to sell the property and it was remedied by the landlord at his expense. At the first hearing, the judge awarded £29,000 damages - as the difference between the value of the property without defects and the value with defects at the purchase date. M appealed on the grounds that the landlord remedied the problem and G suffered no loss. Appeal dismissed.
DAMAGES
DEFECTS
GARDNER V MARSH & PARSONS AND ANOTHER
NEGLIGENT VALUATION
STRUCTURAL SURVEY
CA 13 November 1996. In 1985 G instructed M to make a structural survey of a maisonette. The report failed to disclose a serious structural fault and G acquired a long lease on the premises. The defect was discovered later when G tried to sell the property and it was remedied by the landlord at his expense. At the first hearing, the judge awarded £29,000 damages - as the difference between the value of the property without defects and the value with defects at the purchase date. M appealed on the grounds that the landlord remedied the problem and G suffered no loss. Appeal dismissed.
DAMAGES
DEFECTS
GARDNER V MARSH & PARSONS AND ANOTHER
NEGLIGENT VALUATION
STRUCTURAL SURVEY