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RES exam question on Torts, Mortgages & Co-ownership: Mr Lau, a valuer, prepares a report on a shophouse for its owner, knowing it will be…

HardProperty Torts, Mortgages & Co-ownership · Paper 1

Mr Lau, a valuer, prepares a report on a shophouse for its owner, knowing it will be handed to Eastern Bank to support a $2 million loan. He negligently overvalues the shophouse by $600,000. The owner later defaults and the bank's security falls short. What is Mr Lau's likely position toward Eastern Bank?

  1. ALiable if Eastern Bank proves he knew the valuation was false, but not for mere carelessness.
  2. BLiable in negligent misstatement, having known the bank would rely on the report to lend.
  3. CNo liability, as the owner who engaged and paid him is the one person who can sue.
  4. DNo liability, since the owner's default rather than the valuation caused the bank's loss.
Show answer & explanation

Answer

B. Liable in negligent misstatement, having known the bank would rely on the report to lend.

Explanation

Answer: Liable in negligent misstatement. He knew the bank would rely on his report for a specific $2 million loan, so he assumed responsibility to it.Rule: Negligent misstatement causing pure economic loss needs a special relationship or assumption of responsibility, a live risk for valuers. No contract is needed.Source: Hedley Byrne; Spandeck (the Singapore test for the duty); RESPrep /learn/property-torts-mortgages-co-ownership, current at 1 October 2026

Why the other options are wrong

  • Liable only if he knew the valuation was false: Fraud is not needed. Carelessness is enough for negligent misstatement.
  • No liability, as only the paying client can sue: The lack of a contract does not matter. He assumed responsibility to a known party for a known purpose, and the bank relied on it.
  • No liability, as the owner's default caused the loss: The overvaluation is what left the bank under-secured when the owner defaulted.

Study the concept behind this question: Property Torts, Mortgages & Co-ownership (Singapore)

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Original study material mapped to the public CEA RES syllabus. Verify any rate-based figures against current IRAS/CPF/MAS rules before relying on them.