Judicial expertise regarding the case of challenging the results of determining the cadastral value of real estate
In the event that questions arise requiring specialized knowledge in appraisal activities, the court, upon application by a party involved in the case or at its own initiative, orders an expert examination, defining the scope of issues to be resolved during its conduct (Articles 77 and 78 of the Russian Federation Code of Civil Procedure (RF CCP)).
Considering that the result of the appraisal is the cost determined in the appraisal report, the expert examination should aim to establish the market value of the real estate object and include a review of the report for compliance with the requirements of legislation on appraisal activities (Articles 12 and 13 of the Law on Appraisal Activities).
The court may pose questions to the expert regarding the determination of market value, as well as whether the appraiser has committed violations of federal appraisal standards concerning the form and content of the report, the description of the object being appraised, the methods used to calculate the market value of a specific object being appraised, and other violations that may have affected the determination of the final market value amount, including whether factors affecting the cost of the real estate object were correctly identified, whether errors occurred during mathematical calculations, whether the information used by the appraiser is reliable, sufficient, and verifiable.
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