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Alex J.
Alex J., Solicitor
Category: Law
Satisfied Customers: 3655
Experience:  Solicitors 2 years plus PQE
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We sold a property through a reputable Estate Agents last July,

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We sold a property through a reputable Estate Agents last July, the value was £135,000 but we have since found out that the said property with no further amendments sold for £169,000 one month later. The valuator has since been dismissed but we feel we trusted this company to give us a fair deal and have been unfairly treated. Could you give me some advice please
Submitted: 2 years ago.
Category: Law
Expert:  Alex J. replied 2 years ago.
Hi,
Thank you for your question and welcome.
My name is ***** ***** I will assist you.
If you are being provided with a service the implied term under S.13 of Supply of Goods and Services Act 1982 applies - any service must be provided with reasonable care and skill.
Breach of this section is treated as contractual claim. You claim for any losses that are reasonably foreseeable consequence of that breach.
In order to bring a claim you would need to prove that the valuer was negligent and breached the implied term under S.13.
The only way I would believe that you could successfully do this is to obtain the opinion of a second independent valuer - you would need to this to show that the first valuer had been negligent and as a result you suffered loss. Proving you suffered a loss - which is key to any claim - is straightforward as you have property to compare your sale against.
These types of court claims have a very specific formula known as a pre action protocol. If you do not follow the pre action protocol (https://www.justice.gov.uk/courts/procedure-rules/civil/protocol/prot_neg) carefully when bringing a claim you could penalised in costs. I would therefore recommend you use a solicitor to commence bringing a claim.
I look forward to hearing from you.
Kind regards
AJ
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