NSW Defamation of Property - Entitled to Compensation for Financial and Personal Loss?

[Anna Handebo]

Over a year ago, a building report commissioned by a third party falsely stated (amongst other false claims within the building report), that there was asbestos in the property, and that it was a health hazard. The false and unfavourable report was then enough for the prospective buyers of my mother's property to pull out of the sale at the 11th hour.

During these negotiations, the mortgage and rate payments were put on hold as the sale was imminent. Furthermore, this report was disseminated (with the permission of the third party that commissioned it) via real estate, to the prospective buyers who took the report as gospel, causing over $70, 000 to be lost in property value, based on the false report, and has significantly impacted my mother's, and my own life, as I am her full time carer.

Please suggest how I might proceed in investigating if the individual and/or company has a defamation case to answer to, given that the author's professional assessment is predominantly false and easily disproved upon a simple visual inspection (as one might reasonably assume that visual competency and reasonable investigation and knowledge of building materials and their condition would be a prerequisite) and if there is any recourse for fiscal and non-fiscal compensation.

Who do I speak with to find out more, e.g. NSW Fair Trading?

Where do I start?

 

[Paul Cott]

Over a year ago, a building report commissioned by a third party falsely stated (amongst other false claims within the building report), that there was asbestos in the property, and that it was a health hazard. The false and unfavourable report was then enough for the prospective buyers of my mother's property to pull out of the sale at the 11th hour.

During these negotiations, the mortgage and rate payments were put on hold as the sale was imminent. Furthermore, this report was disseminated (with the permission of the third party that commissioned it) via real estate, to the prospective buyers who took the report as gospel, causing over $70, 000 to be lost in property value, based on the false report, and has significantly impacted my mother's, and my own life, as I am her full time carer.

Please suggest how I might proceed in investigating if the individual and/or company has a defamation case to answer to, given that the author's professional assessment is predominantly false and easily disproved upon a simple visual inspection (as one might reasonably assume that visual competency and reasonable investigation and knowledge of building materials and their condition would be a prerequisite) and if there is any recourse for fiscal and non-fiscal compensation.

Who do I speak with to find out more, e.g. NSW Fair Trading?

Where do I start?

Hi Anna,

I don't think defamation is the area you should be considering.

In any event, defamation has a time limit of one year which is pretty much non-extendable.

I think there is a possibility of a negligence claim for compensation for primarily financial loss against the third party, based on what you have outlined.

I would seek formal legal advice as the area has some complexities.

Hope that helps.

 

[Anna Handebo]

Thank y

Hi Anna,

I don't think defamation is the area you should be considering.

In any event, defamation has a time limit of one year which is pretty much non-extendable.

I think there is a possibility of a negligence claim for compensation for primarily financial loss against the third party, based on what you have outlined.

I would seek formal legal advice as the area has some complexities.

Hope that helps.

Thank you so much for your response and help. I really appreciate it. Thanks again!