What is a real estate legal expert?

Have you ever heard of real estate surveyors? Do you know what their purpose is and how they can help you? 

In this post we want to explain to you in detail what a real estate legal expert is and how he or she intervenes in the real estate process. sale of your flat. You will see that their work is more common than it may seem at first glance.

Duties of a real estate legal expert

Judicial real estate experts are experts who deal with issues related to the real estate sector. and in accordance with Article 340 of the Code of Civil Procedure, a specific qualification is required. 

His main task is to carry out real estate valuations and to justify them to judicial bodies.but it is not the only one. They also carry out appraisals, both of homes and buildings, and disputes relating to property inheritance or the purchase and sale of real estate.

Real estate expert report

Among the functions they carry out, the drafting of real estate expert reports is one of the most demanded. But what are these documents? 

Real estate expert reports, also known as expert opinions, are documents that serve as evidence before a judge. The expert who drafts them must be external and impartial to the process in order to be able to carry out the work, i.e. an expert cannot write an expert report on a building in which he or she lives.

When is such a report requested?

This type of report is usually requested:

• As an appraisal, when there has been an accident that has caused damage to the home.
• To carry out a study of the pathologies that a building or dwelling may have.
• To have a technical and economic definition of the work to be carried out to put an end to these pathologies.
• To have a document to attest that the works are done properly.

What are the steps involved in drawing up a real estate expert report?

The steps to carry out a real estate survey report are as follows:

• Visit to the property. As you can imagine, it is not possible to make a valuation of a property without having visited it first. The surveyor has to travel to the property, like an expert of CSIto the "scene of the incident". There he takes note of the problem, inspects the area and analyses all the issues that will later be reflected in the report.
• Collect all documentation, both from official and unofficial bodies. 
• Drawing up the report. The real estate court report must contain the facts, the causes, the origin of the problem, the damage caused and the conclusion of the case. In addition, solutions can be added.

Property appraiser

Did you know that one of the specialties of the real estate legal expert is the valuation of dwellings? The experts who work in this field are known as home valuers. 

These experts are responsible for valuing real estate according to the criteria established by law. Their services may be required in some legal proceedings to provide additional information to a case.  

Its function is to establish the market value of a property. (remember this post with 10 keys to valuing your home). It can also be a commercial premises, a flat or an industrial building. Once everything has been ascertained, a report is drawn up compiling the data. 

But when might a home valuer be needed? Well, actually, in many different situations. For example, to settle disputes, to apply for a mortgage or even to obtain secured credit.

What steps must the appraiser follow to appraise a property?

• Request a nota simple at the Land Registry. By means of this document, the property appraiser will obtain essential data for his report. For example, who is the owner of the property or if it is free of encumbrances.
• Ask for a copy of the public deed to compare the information of the property with the one registered at the Town Hall or at the Cadastre.
• Visit the property. In this way, the surveyor will be able to check the condition of the property and the building, as well as determine other important data such as the location, the surface area of the property, the energy efficiency or the communications available in the area.
• Carry out market research. Or, in other words, to analyse the selling prices in the area where the property is located.

The home valuation expert in court proceedings

As we have already noted, the participation of a home valuer in legal proceedings is quite frequent. The judge calls upon the services of a judicial real estate expert when he needs to know the market value of a real estate property.. This expert may be appointed by the judge or by one of the parties involved in the case.

What is the price of the services of a real estate legal expert?

There is no standard price for the services offered by a real estate legal expert. As their activity is not legally regulated, as is the case with other experts, the amount may vary. The value is usually determined by the complexity of the assignment and by the autonomous community. 

But, in general, the price for valuing a property of around €100,000, in medium-sized cities, is usually around €200. 

In a nutshell: the role of the legal real estate expert is vital both for real estate expert reports and property valuations. Their expertise is used to provide further information in court proceedings, information that in many cases is decisive for the judge's decision. 

If you are looking for a real estate legal expert or want to know more about this important figure, do not hesitate to call us. We will advise you on everything you need and we will recommend the best expert when you need one. sell your flat o rent your home.