The Seller (a mortgagee in possession), instructed Agent B to market the Property for sale on a dual agency basis with Agent A, who had been marketing the Property prior to it being repossessed. Following the initial viewing the eventual buyer, Mr E, submitted an offer through Agent B which was accepted. Exchange and completion took place four weeks later. However, after several weeks, Mr E wrote to Agent B to complain, advising that Agent A had given him a copy of a structural report outlining subsidence at the Property with an estimated repair cost of between £25,000 and £30,000 adding that they had informed him that they had provided a copy of that report to Agent B two months previous. Agent B denied that they had received a copy of the report and argued that they were not advised of any structural concerns with the Property by the Seller or any estate agent.