What if the defendant disagrees with the appraised value of his property

Updated on society 2024-05-06
5 answers
  1. Anonymous users2024-02-09

    Furthermore, the defendant can be asked to say an amount first, and the plaintiff believes that the amount is too low or too high, then the plaintiff should bear the burden of proof to prove its claim, that is, to prove it through evaluation, which is essentially appraisal. The party who bears the burden of proof for the matter that needs to be appraised does not submit an application for appraisal without a legitimate reason, resulting in the uncertainty, and the adverse consequences should be borne by the disputed matter.

  2. Anonymous users2024-02-08

    Reasons for disagreement are required.

    It is possible to apply for re-identification.

  3. Anonymous users2024-02-07

    If the defendant does not agree to the assessment, the evaluation may be carried out by the court and the appraisal agency.

    According to the relevant laws and regulations, if the parties and their litigants are unable to collect evidence on their own for objective reasons, they may submit a written application to the people's court for investigation and collection before the expiration of the time limit for presenting evidence. Where the perpetrator illegally interferes with the normal work of the appraisal body, it is an act that obstructs civil affairs, and the Mengyanyu People's Court may impose fines or detention on their conduct in accordance with law; where a crime is constituted, criminal responsibility is pursued in accordance with law.

    The parties shall promptly provide evidence for their own claims that jujube has been changed. On the basis of the parties' claims and the circumstances of the trial, the people's courts are to determine the evidence that the parties shall provide and the time limit thereof. Where the parties have real difficulties in providing evidence within that time limit, they may apply to the people's court for an extension of the time limit, and the people's court will appropriately extend it on the basis of the party's application.

    Where parties fail to provide evidence within the time limit, the people's court shall order them to explain the reasons; Where they refuse to explain the reasons or the reasons are not sustained, the people's courts may, on the basis of different circumstances, reject the evidence, or give the evidence but give a reprimand or a fine.

    Legal basis] Civil Procedure Law of the People's Republic of China

    Article 67:Parties have the responsibility to provide evidence for their own claims.

    The people's court shall investigate and collect evidence that the parties and their litigants are unable to collect on their own for objective reasons, or evidence that the people's court finds necessary for the trial of the case.

    The people's courts shall follow legally-prescribed procedures to comprehensively and objectively review and verify evidence.

  4. Anonymous users2024-02-06

    Legal analysis: The decision of whether to identify or not is determined by the court, and whether you agree or not will generally not affect the appraisal. After the parties apply for an appraisal with the consent of the people's court, the parties are to negotiate to determine an appraisal institution or evaluator with appraisal qualifications, and where the negotiation fails, the people's court is to appoint it.

    Legal basis: Provisions of the Supreme People's Court on the Auction and Sale of Property in Civil Enforcement by the People's Courts

    Article 3: People's courts shall entrust an auction agency with corresponding qualifications to conduct the auction of the property of the person subject to enforcement, and supervise the auction of the auction body, except as otherwise provided by laws and judicial interpretations.

    Article 4: The people's courts shall entrust an appraisal agency with corresponding qualifications to conduct a ** appraisal of the property to be auctioned. If the value of the property is low or can be easily determined according to the usual method, the appraisal may not be conducted. Where both parties and other enforcement creditors apply not to conduct an assessment, the people's court shall approve it.

    When assessing the equity of the person subject to enforcement, the people's court may order the relevant enterprise to provide accounting statements and other materials; If the relevant enterprise refuses to provide it, it may be compulsorily withdrawn.

    Article 5: The assessment body shall be reviewed and determined by the people's court after the parties reach a consensus through consultation; If the negotiation fails, it shall be determined in a random manner from the list of appraisal bodies determined by the people's court responsible for enforcement or the people's court for the location of the property of the person subject to enforcement; Where both parties apply to determine an assessment body through public bidding, the people's court shall approve it.

    Article 6: After the people's court receives the assessment report made by the assessment body, it shall send the assessment report to the parties and other interested parties within 5 days. Where parties or other interested parties have objections to the assessment report, they may submit it in writing to the people's court within 10 days of receiving the assessment report. Where parties or other interested parties have evidence proving that the assessment bodies or assessment personnel do not have the corresponding assessment qualifications or that the assessment procedures are seriously illegal and apply for a new assessment, the people's court shall permit it.

  5. Anonymous users2024-02-05

    Legal analysis: 1. The court can be asked to compulsorily open the door to assess the house;

    2. For the trial of civil cases by law, the trial period for applying the summary procedures is 3 months, and the time limit for applying the ordinary procedures is 6 months, but the time limit for assessing the house in this case will not be included in the trial period;

    3. Under the existing legal provisions, the court may enforce the only dwelling;

    4. As the plaintiff, there should be more communication than the presiding judge, and the court may take measures to evaluate the house as soon as possible, so that the trial procedure can proceed smoothly;

    5. After the judgment of the case, if the defendant refuses to vacate the house, he may apply to the court for compulsory enforcement. According to Article 20 of the Provisions of the Supreme People's Court on Several Issues Concerning the Handling of Enforcement Objections and Reconsideration Cases by the People's Courts, if the applicant for enforcement agrees to deduct five to eight years' rent from the sale price of the house with reference to the average rent standard of the local housing rental market, the court may compel the auction and vacate the house.

    Legal basis: Article 458 of the Civil Code of the People's Republic of China Based on the possession arising from the contractual relationship, the use, income, and liability for breach of contract of immovable or movable property shall be in accordance with the contract; Where there is no agreement in the contract or the agreement is not clear, follow the relevant laws and regulations.

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