What is a private appraisal?
Private appraisals are appraisals rendered outside of court proceedings for other clients. For this reason, they are also called out-of-court reports. And since these reports are usually commissioned by a party, they are also called party reports. However, these expert opinions are also valid in any later court proceedings, provided the opposing party does not claim that the expert is biased. Private appraisals can be commissioned by companies, insurance companies, authorities, private individuals, associations, organizations, legal entities, etc.
Differences between private appraisals and court opinions
- In the case of a private appraisal, the appraiser deals with the dispute.
- In the case of a private appraisal, there are no rules on how to proceed. The appraiser usually determines together with his client the "list of questions" that he has to follow when preparing the appraisal.
- In the case of a court report, all parties are invited to the on-site meeting. This serves to ensure equal treatment of the parties (top priority in court reports). In the case of a private appraisal, however, the appraiser will usually not be able to do this.
- A private appraisal is not binding for the other party. The court report is not binding for the judge either, but he will follow his statements if they have convinced him.
- A court opinion can only be contested until the court decision becomes final, while a private opinion is unlimited.
- In the case of private appraisals, the expert can freely negotiate his fee with his client. In the case of court reports, on the other hand, he is bound by the provisions of the Judicial Remuneration and Compensation Act (JVEG).
- In the case of private appraisals, the appraiser is liable for errors in his appraisal that have arisen from gross negligence and have led to damage. In the case of court reports, on the other hand, the reporter, as an assistant, is under the protection of the court and is not responsible for its decision.