The value of real estate as a subject of the opinion of a property appraiser – comments on the Supreme Court's judgment of 26/01/2018, II CSK 117/17

Abstract

Immovable property shall be appraised by an expert licenced to appraise immovable property on the basis of separate regulations, appointed by the court enforcement officer. If the condition of immovable property changes materially in the period between its description and appraisal and the auction date, an additional description or appraisal may be made at the creditor’s or debtor’s request. The analysis of the above judgment prompts reflection on the problem of estimating the value of real estate for the purposes of court enforcement proceedings, the problem of rules for the participation of an expert (property appraiser) at the stage of real estate description and estimation and their evaluation. Further problems presented in the study are the issue of judiciary supervision and bailiff's liability for damages. The article also presents the issue of the application of the provisions of the Act on real estate management, if the estimated operator is to be used by the bailiff as a basis for the preparation of a description and estimate of the real estate.