What is your interest in this? Who is your client? The developer?
an experienced developer or is this the first time?
was the valuation done which valued is 1.75 million? Has the market dipped in
between the valuation being done and the property being finished?
going to be brutally honest with you and tell you that whilst the surveyor may
or may not have been negligent with regard to over valuing the property. The
actual value of it and what it can achieve in a depressed market can often be
your client had no experience of this, I think that he may have a chance
against the value or the lender for irresponsible lending. However, I think
that in this case, I am sorry to have to tell you that I simply think your
client is himself a bad bargain and is now looking to offload the blame onto
someone else. That is not to say the solicitor will not take this on (and
obviously charge for the privilege) but I would be very surprised if it got to
court and I would be even more surprised if it was successful in a claim
against the surveyor.
sorry, I appreciate that this is not the answer you wanted but there is no
point in me misleading you. I have a duty to advise you truthfully and honestly
even if that answer is unfavourable.
a different law you may take a different view because there are always two
sides to every argument. No one ever goes to court expecting to lose and yet
one side always does. Each of them has been encouraged to go by their solicitor
(who gets paid regardless) on the promise that they have a reasonable chance of
means intimate a claim against the surveyor it is not one that I would be
taking to court unless the solicitor acting for me is doing it no win no fee
and my legal costs are insured, in case I lose and get a costs order against me.
see that this legal battle could easily cost £50,000 if your client lost the
that answer the question? Can I help further? Can I answer any specific points?
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