Appraisal Report & Legal Matters

Foreign appraisal reports may be used as a source of information; however, they regularly do not replace an appraisal report prepared under German law for German authorities and courts, particularly where differing valuation standards apply.

A building damage report technically analyzes the cause and extent of specific structural defects, while the market value appraisal quantifies their economic impact on the overall value of the property. Both reports complement each other when damage is value-relevant.

Professional associations publish model guidelines and quality standards that we use as a point of reference. Although they are not legally binding, they serve as a recognised guideline for the structure, content and traceability of an appraisal report.

In the event of a longer-term absence, we will typically inform you promptly and, where possible, arrange for a representative or a handover to a professionally equivalent colleague, in order to keep any delays to a minimum.

Yes, we now provide our appraisal reports as a qualified electronically signed PDF document, which is legally equivalent to a handwritten signature and can be archived digitally.

A professional second opinion can objectively assess existing doubts about an appraisal report and either confirm or qualify them. It is often obtained before major financial decisions or in disputes between multiple parties.

A market value appraisal determines the market value of a property, while a damage appraisal report documents specific structural damage and establishes its cause as well as the costs of remediation. Both types of appraisal reports frequently complement each other in cases of value-reducing defects.

Signature and seal confirm our personal responsibility for the content of the appraisal report. As a publicly appointed valuer, our seal additionally indicates our formal qualification and appointment.

No, automated online estimates can provide initial indications, but they cannot replace a legally sound market value appraisal, as they cannot account for individual property characteristics, legal circumstances, and actual condition.

If an appraisal report is based on deliberately false information provided by the client, this can distort the result and, in the event of a dispute, lead to the appraisal report being unusable as well as legal consequences for the client.

There is no uniform statutory retention period. However, as a publicly appointed valuer, we are obliged under the regulations of our appointing chamber to retain appraisal reports and working documents for at least ten years.

An arbitration appraisal is a contractually agreed appraisal that is binding on both parties, intended to avoid a judicial dispute over contested value issues from the outset.

We do not allow our professional judgment to be influenced by the client's wishes. However, clients can contribute to a precise and, for them, favorable yet correct result by providing complete and truthful information and documents.

In the course of preparing the appraisal report, we process personal data and are therefore bound by the requirements of the General Data Protection Regulation, in particular with regard to confidentiality, purpose limitation and the secure storage of documents.

In principle, each court is independent in its own proceedings when it comes to selecting a valuer. In the event of significantly diverging results, the parties may introduce the respective appraisal reports from the other proceedings as additional evidence.

In practice, both terms are generally used synonymously. "Valuer" is the legally more precise term, particularly in conjunction with the designation "publicly appointed and sworn" or a recognised certification.

An appraisal report obtained by court order carries significant weight in the court's decision, but is not legally absolutely binding – the court evaluates it as part of its free assessment of evidence, together with all other evidence.

Valuers are only liable for demonstrably culpable, gross professional errors in the appraisal report – the burden of proof lies with the client. As a publicly appointed and certified valuer, we maintain professional liability insurance for this purpose.

The central legal bases are § 194 of the German Building Code (BauGB) (definition of market value), the Real Estate Valuation Ordinance (ImmoWertV) for the methodological implementation, and the Valuation Act (BewG) for tax-related valuation occasions such as inheritance and gift.

The Real Estate Valuation Ordinance (ImmoWertV) governs nationwide which procedures and principles are to be used to determine the market value of land and buildings. It is the central methodological basis for every market value appraisal.

§ 194 German Building Code (BauGB) defines the market value as the price that would be achieved in ordinary business transactions, without regard to unusual or personal circumstances, as of the valuation date. It is the central legal basis for valuation.

In civil and family law, the competent court generally appoints the valuer, often from a list of publicly appointed and sworn valuers, whereby the parties may submit proposals in advance and raise objections.

A supplementary expert opinion (Obergutachten) is an additional appraisal report, usually prepared by a particularly experienced valuer, intended to provide a conclusive, overarching professional assessment in cases of significant contradictions between several existing appraisal reports.

Yes, differing results are not uncommon, as valuers have discretionary latitude within the legal framework, for example in the selection of comparable properties, adjustments, or the assessment of structural condition.

If there is a reasonable suspicion of bias, for example due to personal or business relationships with a party, a formal recusal motion may be filed with respect to court-appointed valuers.

Claims for damages due to an actually demonstrable, defective appraisal report generally become time-barred under the general three-year limitation period of the German Civil Code (Bürgerliches Gesetzbuch), beginning at the end of the year in which the claim arose and the injured party became aware of it.

An expert opinion is commissioned by one party itself and at its own expense. In court, it is legally regarded merely as qualified party submission, not as an independent appraisal report in the technical sense.

We hold sufficiently endowed professional indemnity insurance, which covers financial losses caused by professional errors in the appraisal report. As a publicly appointed valuer, this insurance is in any case mandatory for us.