How to challenge the assessment of property with an independent examination.
Other controversial situations are attempts to obtain compensation for damage from your neighbors who flooded you, or from those responsible for accidents in causing this or that damage. When conducting transactions, the transfer of real estate in the property and in any other situations. You can learn more about this and how to challenge the valuation of the property in NP “Federation of Judicial Experts”. There, any of our potential and actual customers will be able to get detailed advice and professional assistance.
Here we are with you and we return to the question of how to challenge the valuation of the property. This mechanism has many components and nuances depending on each specific situation in which our Customers find themselves. You can devote many pages to the description of these nuances in order to give a picture of the correct actions in various cases. But for any civil, natural or legal person it will be much easier to immediately contact NP “Federation of Judicial Experts”.
It is here that certified professionals have sufficient experience and know how to challenge the valuation of property in any situation. The conclusions that you can get in our organization will be able to withstand the incorrect assessment of your property by the bailiffs and representatives of any other instances and public services. Therefore, it will be much easier to ask for help and order an independent property appraisal in the NP “Federation of Judicial Experts” than it takes a long time to study how to challenge property appraisal, or to confront other incorrect assessments.
Since there is a lot of theoretical material on this topic – but does it make sense for a simple user to understand all his intricacies. If you can pay for the services of employees of an independent certified organization and let them take care of how to more adequately assess any property. What are the main advantages we can offer our customers? Here is their general list:
Real estate valuation is one of the activities of our company.
Our real estate valuation specialists have considerable experience in real estate valuation in various regions of the Russian Federation. The presence of a fundamental base, including tools, methodology, archive and experience of appraisers in real estate valuation, allows you to accurately determine the value of real estate.
You can check for more info: http://www.wcvaluers.com.au/
Property valuation, depending on the specifics of the object, takes about one week. During this time,
In connection with issues arising in judicial practice and in order to ensure uniformity in the consideration of cases challenging the assessment of property by an independent appraiser, the Presidium of the Supreme Arbitration Court of the Russian Federation recommends that arbitration courts proceed from the following.
- By virtue of Article 13 of the Federal Law of 29.07.1998 N 135-ФЗ “On appraisal activities in the Russian Federation” (hereinafter the Law on Appraisal Activities) in the event of a dispute about the accuracy of the market or other value of the appraisal object established in the report of an independent appraiser , including in connection with a different assessment report of the same object, the dispute is subject to review by the court, the arbitral tribunal in accordance with the established jurisdiction, the arbitral tribunal by agreement of the parties to the dispute or contract, or stipulated by the legislation of the Russian Federation regulating valuation activities.
f the law or other regulatory act for the parties to the transaction, the state body, official, management bodies of the legal entity provides for mandatory involvement of an independent appraiser (mandatory assessment) without establishing the mandatory value of the valuation of the valuation object determined by it, the courts should keep in mind that the assessment given to the property by the appraiser, is only advisory in nature and is not mandatory and, therefore, its independent challenge by presenting a separate of the claim is not allowed.
In particular, the obligatory engagement of an appraiser (mandatory appraisal) is provided for in Section 8 of the Law on Appraisal Activities, clause 2 of Article 12 of the Federal Law “On Compulsory Insurance of Civil Liability of Vehicle Owners”.
If an independent challenge to the value of the valuation object determined by an independent appraiser is not possible by bringing a separate claim, the question of the reliability of this value can be considered in the framework of consideration of a specific dispute over a transaction, an issued act or a decision made (including contesting a non-regulatory act or decision of an official, on declaring a decision of a management body of a legal entity invalid, etc.).
In this regard, the courts should also take into account that, in accordance with paragraph 1 of Article 52 of the Federal Law “On Enforcement Proceedings”, a bailiff shall assess the property of the debtor. Therefore, even in the case when a bailiff involved an independent appraiser to assess the property, only the ruling of the bailiff that determines the price of such property can be challenged in court.
The procedure for assessing the property of the debtor by the bailiff.