Dear Sir, PROFESSIONAL NEGLIGENCEI am English, living in UK and a qualified Spanish Surveyor recommended an expensive property (in Spain) and sent to me (in the UK) a full survey report - upon which I relied - a report that he had prepared for the Seller. I bought the substantial property and then found it had very serious problems. The Surveyor now confirms in writing that he knew about those problems but omitted to mention them in his report. I had no contract with him, personally - and his report has a Disclaimer saying the report was for the benefit only of the Seller.English Lawyers tell me that under English Law he had an assumed duty of care - and breached that duty - regardless of his Disclaimer. I paid for the property in the UK - the transaction completing there. But they say it appears we may have a case of no jurisdiction in UK Courts as the Surveyor is Spanish (although with perfect English), dealt with me from Spain and is based in Spain. This Spanish Surveyor does have professional indemnity insurance we are told.I understand such cases are based on where the "harm" I suffered took place.I say the financial "harm" ( a considerable loss) was caused me in the UK the day I bought this bad "property" - paying a full market price for something now my own UK Chartered Surveyor says is a write off! The harm was "foreseeable" - he has written an apology saying he simply failed to mention the damage and possible implications from it.Please can you confirm: 1. Is Spanish "Tort" Law similar to English Law? 2. Was the Disclaimer valid - even though he spoke to me, recommended the property in the first place, sent me his report himself, and I subsequently bought it relying on his advice? 3. Would the Surveyor have had "an assumed duty of care" under Spanish Law? 4. Can you assist me in finding a Mallorcan Lawyer that could handle such a case professionally and efficiently? Yours truly,Mr C James
Consulted an English Lawyer who has doubts as to jurisdiction - as explained.
Appointed a UK Chartered Surveyor to act as an "Expert Witness".
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