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Property valuers motion refused

Language: English Series: Scotsman ; 17 February 1993, 14(1)Publication details: 1993Subject(s): Summary: "Melrose v Davidson and Robertson" First division 5 February 1993. Held that a mortgage application form completed and delivered to the lenders constitutes a contract between lender and prospective purchaser if it obliges the purchaser to pay for any valuation to be obtained and the lender obtains a valuation on that basis. The Unfair Contract Terms Act 1977 accordingly applied to a disclaimer in such a form purporting to exclude the valuer`s liability to the purchaser.

"Melrose v Davidson and Robertson" First division 5 February 1993. Held that a mortgage application form completed and delivered to the lenders constitutes a contract between lender and prospective purchaser if it obliges the purchaser to pay for any valuation to be obtained and the lender obtains a valuation on that basis. The Unfair Contract Terms Act 1977 accordingly applied to a disclaimer in such a form purporting to exclude the valuer`s liability to the purchaser.