Professional Negligence

Litigation Case Study on Breach of Duty: Platform Funding v Anderson & Associates
18/01/2013
In this case contributions were awarded to purchasers without the lender’s knowledge to inflate the proposed purchase price of the properties.  All information provided to Valuers was also controlled to ensure the incentives provided were not disclosed. Despite the finding that the Valuer was found to have acted in breach of duty, as per the amended RCIS Red Book regarding valuations, the Court Dismissed the claim, ruling that the Valuer was not liable for the full losses suffered by the lender, despite the negligent over valuation as the true market value was difficult to...