Provides a comprehensive guide for those advising upon, and dealing with, the civil liability and professional discipline of valuers/surveyors, estate agents and auctioneers.
Written by leading practitioners in the field, it deals with a variety of topics, from general principles to specific situations, providing practical guidance to the regulatory and procedural aspects.
The work commences with an overview of the law of professional liability insofar as that is pertinent to the professions in question and goes on to focus upon particular issues in relation to litigation which require special attention in claims of this kind. It considers the individual professions in question, providing a detailed account of the legal principles and the case-law applicable to their civil and (in the case of estate agents) their criminal liability.
This title is included in Bloomsbury Professional's Professional Negligence Law online service.
Read an extract of Property Professionals’ Negligence and Liability
Table of Contents
Introduction Part A: Overview of the law of professional liability applicable to property professionals Duties in contract Contractual terms excluding or limiting liability Duties in the tort of negligence to (a) the client; (b) third parties Liability of the employee The standard of care Breach of duty The object and scope of the duty: the SAAMCo principle: what losses are within the scope of the duty undertaken Causation, remoteness, mitigation The measure of loss and quantum General damages for distress and inconvenience and claims for psychiatric injury Remedies under the Consumer Rights Act 2015 Interest Liability in deceit and for other forms of dishonesty Equitable liabilities Conflicts of interest and confidential information Defences including contributory negligence, illegality and limitation Contribution claims Part B: Particular litigation issues Pre-action conduct Disclosure Expert evidence Part C: Valuers and surveyors The professional organisation, training and regulatory and disciplinary framework Liability of valuers Liability of surveyors Scope of duty, causation, mitigation, remoteness, and the measure of loss in claims against valuers and surveyors Defences Contribution claims Part D: Estate Agents The professional organisation, training, and regulatory and disciplinary framework applicable to estate agents The right to commission Liability of estate agents Criminal liability Part E: Auctioneers The professional organisation, training and regulatory and disciplinary framework applicable to auctioneers Liability of auctioneers