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ARTICLE · 19 MARCH 2014

Negligent Valuations – "Thinking Of Selling" Letter Still A Valuation

Brownrigg v. Leacy related to a claim for damages by the plaintiff, Mr Frank Brownrigg, arising from the alleged negligence of the defendants.

IrelandLitigation, Mediation & Arbitration

Brownrigg v. Leacy related to a claim for damages by the plaintiff, Mr Frank Brownrigg, arising from the alleged negligence of the defendants in respect of valuations they carried out of his lands in 2007.  The court held that auctioneers owe a duty of care when preparing valuations on behalf of an individual and that a party who has commissioned a valuation is entitled to rely on it and to assume that it has been prepared correctly and in accordance with accepted standards.

In 2007, the plaintiff farmer obtained valuations of his lands from two separate auctioneers.  The first, Aidan Leacy trading as Phoenix Estates valued the land between €10 million and €11 million, while the second, Ben Kavanagh Auctioneers, valued it at €6.9 million.  The plaintiff alleged that he and AIB relied on the valuations in agreeing a loan facility of €7.7 million for the purchase of neighbouring lands for €5.9 million. When the only offer of €1 million on his farm was inadequate for

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