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 US. anyway)