Legal Act Regarding This Real Estate

Consider, for example, case No. A40-110270 / 2014 of the Moscow Arbitration Court on the claim of GLOBAL-CAPITAL LLC about invalidation of the notice of a unilateral change by the Moscow City Property Department of the rent under the contract. The court decision of 11/17/2014 dismissed the claim. This decision was appealed by the plaintiff, among other things, on the basis of the unreliability of the report of an independent appraiser. Meanwhile, the court of appeal, considering the established art. 65 APC RF burden of proof, in a decision of February 26, 2015 concluded about the failure of the respondent to prove the inaccuracy of the report of the appraiser about the market value of the rent provided by the plaintiff, since: the conclusions set out in the said report are reasoned; there was no reason to doubt the competence of the person who prepared the report; after the respondent received the plaintiff’s letter about the change in the rental rate and before the plaintiff applied to the court with this claim, the respondent did not state any objections on the grounds for the inaccuracy of information about the market value of the rent, set out in the relevant report; after the plaintiff filed a claim with the court, no evidence of the unreliability of the report submitted by the plaintiff was submitted.

when drawing up marriage contracts and dividing the property of divorcing spouses at the request of one of the parties or both parties in the event of a dispute about the value of this property;

When controlling the payment of taxes, if there are disputes about the calculation of the taxable base.

If it is impossible to independently challenge the value of the valuation object determined by an independent appraiser by filing a separate claim, the question of the reliability of this value can be considered as part of the consideration of a specific dispute regarding a transaction, an issued act or a decision made (including a case of invalidation of a transaction , on challenging a regulatory act or decision of an official, on declaring a decision of a management body of a legal entity invalid, etc.).

Consider, for example, case No. A40-110270 / 2014 of the Moscow Arbitration Court on the claim of GLOBAL-CAPITAL LLC about invalidation of the notice of a unilateral change by the Moscow City Property Department of the rent under the contract. The court decision of 11/17/2014 dismissed the claim. This decision was appealed by the plaintiff, among other things, on the basis of the unreliability of the report of an independent appraiser. Meanwhile, the court of appeal, considering the established art. 65 APC RF burden of proof, in a decision of February 26, 2015 concluded about the failure of the respondent to prove the inaccuracy of the report of the appraiser about the market value of the rent provided by the plaintiff, since: the conclusions set out in the said report are reasoned; there was no reason to doubt the competence of the person who prepared the report; after the respondent received the plaintiff’s letter about the change in the rental rate and before the plaintiff applied to the court with this claim, the respondent did not state any objections on the grounds for the inaccuracy of information about the market value of the rent, set out in the relevant report; after the plaintiff filed a claim with the court, no evidence of the unreliability of the report submitted by the plaintiff was submitted.

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Legal act regarding this real estate:

His example shows that, in declaring an unreliable report of an independent appraiser during a trial, the party who made this statement must prove the unreliability of this report, at least by submitting another market valuation report. In this case, the court will have the opportunity to choose a reliable report and take into account the market value of the property determined in the reliable report, or, if there are two different reports, the court may schedule a forensic examination and determine the market value of the property during the trial.

The position of the courts is confirmed by the Decree of the Arbitration Court of the North-Western District of 03/02/2015 in case no. А44-5396 / 2013 on resolving disputes regarding the determination of the sale price of real estate objects arising from the conclusion of a contract for the sale of a building with a land plot redeemed in the exercise of priority rights to purchase rental property. In this case, the court, taking into account the existence of two different reports, in order to establish the market price of real estate, appointed a forensic examination. As a result, the market value of the disputed real estate is determined by the court on the basis of a forensic examination.

According to the information letter of the Presidium of the Supreme Court of Arbitration of the Russian Federation No. 92 dated May 30, 2005 “On Arbitration Courts Considering Cases Contested Property Valuation Made by an Independent Appraiser” and by virtue of Article 12 of the Law on Appraisal Activities, the report of an independent appraiser is recognized and the total value of the market value of the appraised object, indicated in such a report, is reliable and recommended for the purposes of the transaction with the object of appraisal.

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