Question
Gina, an acclaimed opera singer, wants to purchase a large country estate. The web-site of Quicksale4U the estate agents (Quicksale4U) gives particulars of Dreamland with
Gina, an acclaimed opera singer, wants to purchase a large country estate. The web-site of Quicksale4U the estate agents ("Quicksale4U") gives particulars of "Dreamland" with a total site area of 1.2 hectares and an asking price of 5million. The web-site also contains a notice stating: "The information on this website is for guidance only. No liability is accepted for any errors on our part."
Samuel, an employee of Quicksale4U, who until last week was a luxury car salesman, takes Gina on a viewing of Dreamland on a Saturday morning. On the return journey, Gina asks if the site area shown in the website is correct: "I need to know because I want to plant lots of trees to revitalize the area". Samuel replies: "No doubt about that. Probably a bit more than 1.2 hectares, actually'.
The following week, Gina makes an offer of 5million for Dreamland (subject to contract, valuation and survey), which is accepted. Shortly after, Gina instructs Claire, from ValueMore+, a survey and valuation company, to do a valuation of Dreamland. Gina explains that she will need to raise some money for the trees. Claire does not visit Dreamland, but downloads the particulars from Quicksale4U's web-page and values the property at 7million. Her valuation report contains the words: "This valuation is prepared solely for our client. No liability is accepted to anyone else, especially banks". Gina takes the valuation report to Lendeasy (the Bank) and applies for a loan of 5million, secured on Dreamland. The Bank agrees the loan and advances 5million to Gina.
Gina spends the 5million on clearing family debts, but is soon in severe financial difficulty. 2 years after the purchase, and struggling to pay for the loan (with 4 million still outstanding), Gina defaults on her loan to the Bank (with 4 million still outstanding) and the Bank exercises its right of sale on Dreamland. At the subsequent auction sale, Dreamland raises 2.5million before transaction costs. The auctioneer explains that the area of the site was confirmed at 0.8 hectare and adds that the sale price was affected by poor market conditions and the grant (some 3 years prior to the auction sale) of planning permission for 500 low-cost houses on an adjoining site.
Advise Gina, Samuel, Claire and Lendeasy as to their rights, liabilities, defences and remedies.
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