Evaluation of the apartment for court is a process of evaluating the real estate in court proceedings. Most often this procedure takes place in the process of division of property upon divorce.
Features of evaluation of the apartment for court
The main feature of evaluation of property for the court is that the resulting document will study «under the microscope» all interested parties of the judicial process. In addition, as opposed to the procedure of determining the cost of an apartment for a notary, the appraiser’s report has a number of features for presentation in court. And, of course, its nuances has the procedure of evaluation of the real estate for court.
Not all customers understand that, in judicial practice, many of the comments made to valuation reports do not concern the calculation of values. Problems often arise from formal indications of either paperwork or non-compliance with evaluation procedures. It is important that the appraisal company, which will be filing documents, had a successful experience of such work exactly for presentation in court.
The price of the apartment in the documents from the opponents is different. What to do?
There are cases all the time where the other party has brought their own valuation of an apartment with an undervalued/overvalued value. In such situations, we advise our customers to act in the following way. The issue can be solved in two ways:
- Transfer of the evaluation report of an apartment for court review to one of the self-regulating organizations of appraisers . The review process is the verification of documents for compliance with all the requirements of the legislation. In judicial practice, in our experience, most often for reviews on the evaluation of apartments for presentation in court are addressed to Ukrainian Society of Appraisers. Based on the results of the inspection, the customer will receive a document containing critical comments to the report of the evaluator. And the result of the review will be a conclusion whether this report can be used to make court decisions based on it. It is often found during this procedure that the report was not performed professionally, poorly and could not perform the functions for which it was developed. Such facts the reviewers inform the State Property Fund of Ukraine. Which, in turn, in such a bad appraisers revokes permits for the conduct of professional activities.
- Involvement of judicial experts. In the case when there are two evaluations of an apartment, the cost of which is significantly different, the court may order an expert examination. The evaluation reports may also be submitted by the counsel of one of the parties, upon request, to the forensic expert study. As a result of an expert examination or examination by a forensic expert, the judge would receive answers to controversial questions. What is the market value of an apartment? Does the first and second report of appraisers meet the requirements of the legislation.
Real estate evaluation for presentation in court – our specialty.
The priority of our professional activity is to evaluate real estate and other property for presentation in court or other inspection bodies. For example, we regularly evaluate municipal property in Kyiv for rent. Such works are more difficult than formal evaluation for a notary, they have higher requirements. In addition, the responsibility of the performer for the quality of work is much higher. Therefore, and the cost of evaluation of apartments for the court is usually higher than, for example, for registration of a gift contract.
We cooperate on an ongoing basis with many lawyers and attorneys on real estate valuation during trials. We also work with individual customers who decide to do their business independently. Therefore, we are ready to provide a quality service, the validity of which will be confirmed by the inspection bodies, if necessary. You have any questions about the evaluation of the apartment for the court? Contact with us!
