Insights & advice

Surveyor found negligent when providing ‘tick box’ valuations

Surveyor Fell Below Standards In Negligence Case | Middletons Solicitors | Andover Solicitors 

The danger of tick box valuations was highlighted in a recent professional negligence case involving a firm of property surveyors.

The court outlined what should happen when issues arose during valuations that could not be fully explained using automated systems.

The case involved a firm called E.Surv Ltd which had been commissioned by an American mortgage lender called GMAC to value various properties in the UK using a tick box system.

Guidance provided by GMAC stated that no additional information was to be provided by E.Surv.

GMAC later assigned some of its portfolio to Webb Resolutions, a mortgage company which specialises in buying loans. Webb then claimed that E.Surv had been negligent when surveying two properties and sought damages.

The issue centred on the use of electronic tick box systems and what happens when they don’t allow a surveyor enough scope to fulfil his legal obligations.

The judge, Mr Justice Coulson said: “I am in no doubt at all as to the general answer to that: if the valuer could not discharge his contractual or tortious obligations to GMAC without adding words somewhere on the form, or producing a covering letter to address the particular issue, then he had to take that course, regardless of the warning in the GMAC guidance notes; anything else would be a plain failure to comply with those obligations.”

The court held that by failing to go beyond the tick box approach, the survey fell well below the standard to be expected of a reasonable valuer.

Webb Resolutions were awarded damages on both properties.

Please contact Chris Jolly in our Westbury office on 01373 865577 or for more information on the issues raised in this article or any aspect of professional negligence claims.

We provide client focussed legal advice and assistance.

Our solicitors strive to deliver the best advice and assistance and an outstanding customer experience.

We serve our customers right the way across Wiltshire and Hampshire with offices in Warminster, Amesbury and Stockbridge.

Enquire about our services today.

Just a short note to once again express my sincere thanks to you, Sue and the M&U team, for all your help, cooperation and first class professional support. I am most grateful to you all.

Chris Stephenson, Warminster

Middletons Solicitors uses cookies to ensure that we give you the best experience on our website. If you continue we assume that you consent to receive all cookies on this website.