We frequently act for individuals and businesses in relation to negligence claims against property professionals.
These types of disputes can be particularly complex and encompass anything from the negligent design of an individual’s home to a failure to properly undertake a survey for a company on a large scale commercial transaction. The common theme is that our clients have suffered significant financial losses in relation to land or property as a result of failures on the part of property professionals.
Property professionals include but are not limited to surveyors, engineers, architects, project managers, property management companies, letting agents, estate agents and valuers.
Please read our Professional Negligence FAQ’s for the relevant test to be applied when considering whether you have a potential negligence claim. Whilst there are a variety of property professionals with different types of expertise the general test is the same. In summary, to be successful it must be proved that (1) you were owed a duty of care by the property professional, (2) they breached their duty of care and (3) the breach caused a loss.
Please see below some examples of negligence relating to property professionals.
Surveyors and Valuers
- Inadequate surveys and inspection
- Incorrect/negligent valuations
- Failing to identify defects
- Failing to identify hazardous materials
- Failing to provide adequate and accurate reports
- Failing to report on issues such as subsidence, damp etc
Estate agents, Letting Agents, Property Management Companies
- Incorrectly drafted particulars of sale
- Putting a property on the market for an incorrect price
- Incorrect referencing checks
- Failing to make sufficient enquiries
- Errors in negotiating contracts and/or serving notices
- Failing to collect rent on time
Architects and Other Construction and Engineering Professionals
- Negligent design advice
- Inadequate or defective plans/drawings
- Failing to manage a project effectively
- Failing to adequate supervise/ inspect works on site
- Failing to obtain sufficient planning permission
- Failing to comply with necessary building regulations
- Negligent advice on build costs
- Inadequate budget planning
- Defective construction projects
We are able to work alongside our Real Estate and Construction team to ensure that we achieve the best outcome for our clients.
Property professionals will usually have the benefit of professional indemnity insurance so that, assuming liability is established, claimants will be able to recover some or all of their loss and the majority of their legal costs of bringing the claim. In any event, we provide our clients with clear advice about costs and the various ways of funding a professional negligence claim, alongside strategic and commercial advice at every step of the case.
Partner and Head of Department
Fiona Simpson (Français)