If the price of the seized property is overestimated, the likelihood of its sale decreases, and selling at a reduced price results in violation of the rights and legitimate interests of the debtor and the recovered.
Only a fair determination of the market value of the debtor’s property can minimize the prerequisites for the escalation of the conflict of interest of the parties to the enforcement proceedings.
In the Law on Enforcement Proceedings, the assessment of arrested property of a debtor is devoted to Art. 85. At the same time, on the whole, relations connected with the valuation of property are regulated by Federal Law of July 29, 1998 N 135-ФЗ “On appraisal activity in the Russian Federation”.
There are different points of view regarding the question of the relationship between these two laws. valuation can be applied to the relations in question only to the extent that they do not contradict the provisions of the Federal Law “On appraisal activity in the Russian Federation”, since the latter are of a special nature. According to others, the main place in the regulation of relations in the enforcement proceedings is occupied by the Law on the enforcement proceedings. The federal law “On appraisal activity in the Russian Federation” is applicable only to the extent that it does not contradict it and the essence of the relations it regulates. According to the third point of view, the Federal Law “On valuation activity in the Russian Federation”
The argument that the Federal Law “On appraisal activities in the Russian Federation” does not apply to relations for the assessment of property produced in the course of enforcement proceedings is erroneous. Determining the value of seized securities is a kind of evaluation of objects of civil rights, carried out in accordance with the requirements of this Law (see: Resolution of the FAS of the North-
In accordance with Part 1 of Art. 85 of the Law on Enforcement Proceedings, the assessment of the property of the debtor, which is levied, is made by the bailiff at market prices, unless otherwise provided by the legislation of the Russian Federation.
However, the Law on Enforcement Proceedings does not completely regulate the procedure for conducting property valuation, limited only by the indication that it is produced at market prices.
At the same time, the procedure, approaches and requirements for conducting an assessment are established by the Federal Law “On appraisal activity in the Russian Federation” and federal standards of assessment. The assessment of the market value may be required when the property object acts as the object of a public offer – a transaction that can be concluded on the stated conditions with the consent of the second party. A market value estimate may be required when one of the parties has reason to purchase the property and wants to make sure that its real price corresponds to the real price. If the payment for the property is expressed in cash, an estimate of the market value may also be required. Please note that it is possible to conduct an assessment in respect of movable and immovable property. In particular, it is possible to determine the most probable value of real estate, business and existing securities, cars, new and old apartments, land and other objects,
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The most commonly used method of real estate valuation, is not only determined by the most likely price of the property, but also property rights in relation to it. Quite often, the market value of any property is most likely for the seller and the buyer. But after this procedure, the value of the property can be adjusted upwards or downwards. In order to determine the real value of the property and assess its value. It is possible to initiate the property valuation procedure in respect of land plots, residential real estate objects (cottages, houses), commercial real estate objects (offices and retail premises), industrial real estate objects (buildings, structures, and complexes), engineering communications (bridges, heating networks) and unfinished objects construction.
Using the methods of market value of property objects allows them to dispose of the most profitable. A market valuation may also be required in cases where property owners want to mortgage them as objects for obtaining loans. If there is no data on the valuation of the property, do not expect to receive investments from domestic and foreign investors. Assessment of the market value of the property allows you to get accurate and complete information about the most likely value of the property and conduct the transaction on a competitive and open market subject to certain conditions. In particular, the conclusion of the transaction should not be forced for one of the parties, both parties should have complete information about the subject of the transaction and should act only in their own interests.
Also, the optimal time should be selected for the transaction, the sale object must be in the sales market for a long time, and the form of payment for the property in one form or another has been agreed Moreover, market methods of property valuation do not allow the use of discounts and special conditions for the buyer, the object must be in demand in the sales market and have certain signs of usefulness. Moreover, the object to be sold must be a participant in the competition in the sales market and endowed with the functions of the possibility of transferring ownership rights. To obtain information on the value of the property, you must apply for services to specialized companies and get a report based on the assessment.