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Valuer’s Duty of Care

Residential Property

In the case of Scullion v Bank of Scotland plc t/as Colleys it was held that the valuer of a residential property does not owe a duty of care to a borrower when they are instructed by a commercial lender and the borrower is a buy-to-let investor.  The Court of Appeal has ruled that there is a difference between ordinary residential purchasers (to whom a duty of care is owed) and buy-to let investors.  Those buying properties to let were less deserving of protection by the common law against the risk of negligence than those buying to occupy as their residence.