Negligent Misrepresentation and the “Special Relationship”

In addition to the standards dictated by the Canadian Uniform Standards of Professional Appraisal Practice (“CUSPAP”), appraisers have a common law duty of care that is delineated by contract and by the law of negligence and negligent misrepresentation. Contractual duty of care is dictated by the terms of an appraiser’s contract with a client but the duty of care imposed by the law of negligence, including negligent misrepresentation, reaches beyond the client-appraiser relationship.

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