Jim, an estate agent, carried out a homebuyer report and mortgage valuation in July 2001, for Ms merret whislt working for ABC agency and Surveryors Limited.Normally , this work would have been undertaken by Alfreda, a Chartered Surveyor but she was otherwise engaged, instead of loosing a fee of £475 (incl. Vat), He decided to go ahead with the instruction as He was under pressure to meet pipeline figures for that month. During the survey, He noticed some minor damp patches on the lower section of the ground floor walls but thought taht was a minor issues and did not comment on it as he has seen this type of minor defects many times. In April 2003,He left ABC Surveyors LTD to go to work for the local Authority. Unfortunately, in September 2005,Jim read in the paper that ABC Estate Agency and Surveyors went into bankruptcy.

Explore the legal issues that arise.

So you wan make we answer your sample exam question for you?

Oga no be so na research an im still working on it, i just want to see if i can get any clue from the forum

Oga vor, can you help?

I'm not an expert in property law but I suppose the legal issues which on the face of the question appear apparent are:

1/ As an estate agent is Jim legally qualified to carry out this kind of survey?

2/ What liability if any would Jim be subject to if the owner of the property was to sue for possible negligence?

3/ Would ABC estate agency be liable as a LTD liability Co for the negligence of a former employee?

I hope this helps but please do not accept it as gospel. Immigration, as you well know, is my area of expertise.

thanks @vor,

it surely helps because you have been able to break it down a bit and the whole thing is on Tort anyway.

i will do something on your own interpretation and take it to my tutor.

i will surely get back to you so tha you can also have some ideals on property law.

Thank you.

I suppose the question is not soley related to matters concerning property, in
which case you should also give consideration to NEGLIGENCE and VICARIOUS LIABILITY.

I would be most interested to know how your lecturer deals with it.

ok sir

that was indeed a clue me too dey intrested in the response from your prof.

it was a good clue, i have gotten something from my reaserch which i believe its pretty good i will post it to the house soonest.

thanks all

muyiwabank:

thanks @vor,

it surely helps because you have been able to break it down a bit and the whole thing is on Tort anyway.

i will do something on your own interpretation and take it to my tutor.

i will surely get back to you so tha you can also have some ideals on property law.

Thank you.

Muyiwa,

I still de wait o!!!

muyiwabank:

Jim, an estate agent, carried out a homebuyer report and mortgage valuation in July 2001, for Ms merret whislt working for ABC agency and Surveryors Limited.Normally , this work would have been undertaken by Alfreda, a Chartered Surveyor but she was otherwise engaged, instead of loosing a fee of £475 (incl. Vat), He decided to go ahead with the instruction as He was under pressure to meet pipeline figures for that month. During the survey, He noticed some minor damp patches on the lower section of the ground floor walls but thought taht was a minor issues and did not comment on it as he has seen this type of minor defects many times. In April 2003,He left ABC Surveyors LTD to go to work for the local Authority. Unfortunately, in September 2005,Jim read in the paper that ABC Estate Agency and Surveyors went into bankruptcy.

Explore the legal issues that arise.

@ Muyiwabank

Did you get an answer to your question yet?
A couple of the issues I saw, like Mr. VOR said, are negligence and vicarious liability.

You could also consider these:
- Principal and agent issues
- Is Jim an independent contractor or employee?
- Liability to a third party
- Disclosed, partialy disclosed or undisclosed principal
- Respondeat superior (comes under vicarious liability)
- Frisk or detour (Was Jim within the scope of his duties or substantially departed from it?)
- Strict liabilty (Estate agents are required to warn of any defects - In the U.S. anyway)