Appraisers did not violate their professional responsibility

Supreme Court judgment 7 June 2019, HR-2019-1079-A, (case no. 18-137830SIV-HRET), civil case, appeal against judgment.

Eli Flatmark Stavnes Pettersen (Counsel Per Christian Grant-Carlsen) v. Tryg Forsikring, Pål Haug, Hans Petter Biørnstad (Counsel Hildegunn Piro)

The buyers of a residential building had been successful in claiming a price reduction due to moisture and dry rot damage, which was caused by the basement walls being built in so-called multimur. The seller demanded the amount she was ordered to pay covered by the appraiser she herself had used for the sale, and by the appraiser who had estimated the price of the house when she herself had bought it. The claim was justified by both appraisers' omission to mention the multimur in their respective estimates. The Supreme Court held that the norm in section 3-7 of the Alienation Act was not applicable, so that both appraisers had to be considered based on general professional responsibility. In the assessment of due care, it was stated that based on the conditions at the site, the appraisers could not be expected to discover the use of multimur without any information of such use being given in advance. Thus, they had not acted negligently. The Supreme Court found in favour of the appraisers and their insurance company.