Expert Witness Valuation for Court Litigation
What is an Expert Witness Valuation and Why Would I Need One?
Where a court case or litigation comes about because of a property dispute, the case will almost always rely on an impartial and professional assessment of the value of the property. In these cases, the experience and professionalism of the company that you use is vital.
Arranging a valuation and report for expert witness purposes requires thoroughly researched analysis of the property in question, as well as extensive experience by the valuer in this field to ensure the report and their opinion will satisfy both clients and courts.
That’s where we come in.
Why Use Insight Property?
The key qualities of an expert witness for court and litigation proceedings are the highest ethical standards and professionalism, impartiality, and clear communication. These are the reasons that so many local people use Insight Property – because we’re a completly independent property valuer firm. We’ve also got the experience, qualifications, and licensing needed for legal cases.
Though going to court can often be a stressful process, we’ve taken steps to make sure your experience with us isn’t part of the hassle. You’ll always be able to speak to your own personal property valuer about your case, before, during, and even after it’s over. Our personal services ensure that you’ve got the name and contact details of the experienced and fully informed valuer who will be handling your case from day one.
Use us and we’ll ensure:
- The professional property valuer you speak to has more than fifteen years’ experience in the field
- We have experience in court appearances as expert witnesses in The County Court of Victoria, The Supreme Court of Victoria and the Federal Magistrates Court
- Every valuer has mediation experience
- You get peace of mind – every property valuer is a full and current member of the Australian Property Institute (API)
- All valuation reports are highly detailed and in a specialised format designed to be used as evidence in court
- Affadavits are signed as required
- You’re supported throughout the litigation or court process and can liase directly with the property valuer handling your case
Things About Expert Witness Services That You Should Know
CLEAR COMMUNICATION IS KEY
Without knowledge of the specific requirements of the court, an expert witness cannot effectively perform their duty. You’ll need to make sure that the property valuation company you use has in-depth experience of the workings of the legal system. Testimony needs to be presented properly, carefully, and in the correct format.
With more than ten years experience helping both private and professional clients get the accurate legal property valuation they need, we’re perfectly positioned to give you exactly that.
IMPARTIALITY IS A REQUIREMENT
The company that you use also needs to be completely impartial, so that the evidence they present is viewed as unbiased.
Get Your Valuation Now – Hassle-Free
Call and speak to an expert adviser today on 1300 134 505, or contact us online to get a response within a single hour.
You’ll be put right through to an expert property valuer with over fifteen years’ experience – someone who’ll be able to get started immediately on your case.
Insight Property provides independent property valuations, with all valuers having a minimum of fifteen years of experience and extensive experience in expert witness valuations for court or litigation.
Expert witness case studies
CASE STUDY ONE – EXPERT WITNESS VALUATION FOR COURT LITIGATION
We were approached by a solicitor (on behalf of an SC) who was involved in a complicated case involving a bayside cliff top property that had been adversely impacted by building works conducted on the neighbouring property. The actual cliff face and land adjoining it (which formed part of the subject property) had become unstable due to significant excavation works undertaken next door as part of a large underground garage being constructed along with a new dwelling there.
Expert engineering advice was sought in regards to the cliff face, and the owners ending up spending just under $1m on remedial works to the cliff face and surrounding areas.
As such significant costs were incurred, legal action was taken to recover these costs from the insurance company of the neighbouring property.
As part of the process, we were instructed to value the subject property on the basis that the remedial works has not been conducted, and that a potential purchaser was aware of the faults noted in the engineer’s reports. We also conducted a valuation on the basis that the remedial works had been conducted.
The other side instructed another property valuer to conduct a valuation on the same basis, and the result was a difference of $1m in the our expert opinions of the properties value. The case proceeded to the County Court where we provided expert witness testimony, and were cross examined the other parties barrister.
The outcome of the case was almost a total win for our clients. The insurance company of the neighbouring property was instructed to cover the remedial works and all court costs. The evidence given by the opposing valuer was mostly dismissed by the judge.
It is important to understand that whilst two professional people may have the same qualifications on paper, their experience and quality of work may differ significantly. This case highlighted the importance of engaging an experienced property valuer who understands what the client needs, and takes the time to provide a report that a judge can have confidence in.
CASE STUDY TWO – EXPERT WITNESS VALUATION FOR DISPUTE RESOLUTION
Expert witness property valuations are a major part of our valuation practice. Sometimes agreement cannot be reached by parties involved in a property dispute, and we are approached to provide expert opinion on the properties value which can be used in court as evidence.
A recent request from a client was to value a purpose designed and built boarding house in the eastern suburbs of Melbourne. The boarding house was being developed by a number of partners, one of which was a registered builder. A dispute arose during construction, and the end result was a breakup of the partnership, and all work on the boarding house stopping. The property was at lockup stage and there was no building contract.
As instructed we valued the property “as is” as an expert witness. A report was completed within a week of the inspection, and our report was submitted as evidence in court along with an affidavit signed by ourselves.
The end result of the court case was in favour of our clients, and our evidence was not contested by the other partners. We understand that a settlement was eventually reached, and building works have now been completed, with our client having control of the property.