Overvalued twice over

Article Abstract:

The case of Mortgage Corporation v Halifax (SW) Ltd has served to highlight a number of significant issues relating to lender-valuer actions. In this case, the judge accepted that, if the valuation submitted by the second defendants was, as they argued, within the range that competent valuers could have submitted at the time, then they would have a total defence to liability, even if that valuation could be proved to have been negligently undertaken. The judge allowed the distinction between 'no transaction' and 'successful transaction' in lender-valuer cases to be applied in a complex way, considering what type of mortgage would have been agreed if the defendants had obtained a more accurate valuation.

Real estate industry, Valuation, Real estate appraisal

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With all proper reserve

Article Abstract:

Issues concerning the Court of Appeal's ruling on the "with-out reserve" clause during auction proceedings are presented. Reference is made to the case of Barry v Heathcote Ball & Co (Commercial Auctions) Ltd.

Cases, Practice, Auctions, Auctioneers

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Know one's limitations

Article Abstract:

Limits of professional liability in property transactions are evaluated in the light of recent United Kingdom case law. Examples are given of duties to lenders and duties of planning officers.

Real estate, Malpractice

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