Cases - Roberts v J Hampson & Co

Record details

Name

Roberts v J Hampson & Co

Date

[1988]; [1989]

Citation

2 EGLR 181; 2 AII ER 504

Keywords

Negligence in valuations and surveys

Summary

The defendants, in carrying out a mortgage valuation inspection of a converted church hall attached to a chapel, drew attention to 'a limited amount of dampness' in certain external walls and 'a certain amount of rot' in a skirting board, but nevertheless recommended the property to the building society as suitable for the maximum advance. They were held liable to the house purchasers for negligence in failing to check whether the damp and rot might be more widespread.

In reaching this conclusion, the judge accepted that a mortgage valuation involves a limited inspection, normally taking no more than half an hour, which would not allow for moving furniture or lifting carpets. However, he cautioned that the root of the surveyor's obligation is the taking of reasonable care and that, if a proper inspection of a particular property required 2 hours, this would be something that the surveyor must accept.