Landmark BTL ruling could spell end to claims against surveyors

by Aaron Strutt

Jul 01 2011

The Court of Appeal has ruled that valuers do not owe the same duty of care to buy-to-let investors as residential buyers, according to a story in Mortgage Strategy magazine.

In October 2010 the high court awarded Emmett Scullion £72,000 plus interest following a legal case against Bank of Scotland, trading as Colleys.

He had accused Colleys of grossly overvaluing the market rent for a buy-to-let new build property he purchased in 2002 by nearly £1,000 a month.

Judge Richard Snowdon QC, said that due to the investment nature of the purchase it was not sufficiently clear that it would have been foreseeable by Colleys that Mr Scullion would rely on its report, rather than obtaining his own advice.