What´s Hot In Valuer Claims

What's hot in valuer claims: part I

In the current economic landscape lenders are increasingly suffering significant shortfalls from the sale of their security.

In cases where the valuation on which the lender relied was negligent, pursuing a claim against the valuer is a key part of effecting a full recovery.

In November, December and January Gadens Lawyers is publishing e-updates on current issues affecting claims against valuers.

In Part 1 of the series, we look at tips and traps for lenders when engaging valuers, and the importance of having in place a panel valuer agreement with a meaningful indemnity which can be relied upon when a valuer gets it wrong.

In Part II of our series, we look at notification of claims and the position of insurers. In particular, we review the circumstances in which lenders can bring a claim directly against a valuer's insurer. We also examine the principles arising from a recent Full Federal Court decision involving a