Beijing Yingtong Law Firm has focused on the protection of the rights and interests of private enterprises for many years. It has represented many corporate rights protection cases in the legal practice of rights protection in natural resources, mining, land, waters, territorial space, corporate equity, criminal defense, factory demolition, environmental protection shutdown, prohibition and vacation, etc., including large-scale real estate...
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Article author:Yingting Lawyers Group | Update time:2023-06-07 | Reading times:218
In expropriation cases, there may be situations where the expropriating party directly and unilaterally selects an appraisal agency without the consent or extraction of the expropriated person. The result in this case is that the appraisal results are often far from the client's expectations. There is even no formal appraisal measurement at all, and there is no appraisal report issued by a professional appraisal agency, only a list of compensation items issued by the staff.
So, is it necessary for us expropriated persons to hire an independent appraisal agency to evaluate the house? 1. If the expropriating party hires a professional evaluation agency: When we receive the evaluation report, if we have objections to the items, methods, standards, etc. on the appraisal content, we can apply to the appraisal agency for review within the specified period.
If you are still dissatisfied after review, you can apply to the Real Estate Price Appraisal Expert Committee for appraisal, and keep the written documents proving the objections, and retain the specific objections. In this case, if there is a large difference from the actual situation and the subject matter involved is large, it is recommended to entrust another appraisal agency to conduct an appraisal, which can be used for negotiation or submission to the court as a reference for subsequent compensation or standards for compensation cases.
2. If there is no professional appraisal agency for evaluation: If the subject matter involved is large, it is recommended to hire a professional appraisal agency for appraisal, because if the house is damaged and the structure, area, and appearance of the house cannot be verified, it will be very difficult for us to provide evidence. From a cost perspective, the cost of hiring an appraisal agency is not low.
If the subject of the house involved is small, the price/performance ratio is relatively low, and it is not recommended to hire an appraisal agency for appraisal. The lawyer's suggestion is to take continuous photos and videos of every corner inside and outside the building, so that you can see the basic situation of the house and draw the floor plan of your own house, and let the neighbors sign as witnesses.
These will be used as evidence to prove the objective condition of the house to prevent the house from being lost in the future. In short, the expropriated person should try his best to keep his house during the expropriation process as a bargaining chip for subsequent negotiations. If an emergency occurs, do not take extreme measures, do a good job of evidence preservation in advance, fix the basic situation of the house and information evidence, and then file a review or lawsuit within the scope of the litigation rights granted by the law, and you can also obtain legal and reasonable compensation.
The legal knowledge in this article does not represent legal advice. If you encounter similar problems, you should analyze them in detail. If you want to know more about this, you can consult a lawyer on this site for one-on-one online consultation.
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