Damage from incorrect property appraisal
Have you discovered that the appraisal of your property is clearly incorrect and this has caused you significant financial damage? Whether it's a purchase based on an inflated valuation or the granting of a mortgage lower than necessary, an incorrect appraisal can have very serious financial consequences. Realizing you have been harmed by the negligence of a professional is a complex and frustrating situation. In these circumstances, it is essential to know that the law provides protective measures to obtain fair compensation. Relying on an expert lawyer in damages compensation in Milan, such as lawyer Marco Bianucci, is the first step to analyzing the situation and asserting your rights.
Professional liability of the real estate appraiser
In Italy, the real estate appraiser is a professional who is civilly liable for their work. Their valuation is not a mere opinion, but a technical report that must be drawn up according to precise standards of diligence, correctness, and competence, as provided for by Article 1176 of the Civil Code. When the appraisal turns out to be seriously incorrect due to negligence, lack of skill, or violation of technical standards, the appraiser is obliged to compensate for all resulting damages. The damage can manifest as actual damages, i.e., the direct financial loss suffered (for example, the higher price paid for the property), or as loss of profit, i.e., the lost earnings resulting from the error.
The strategic approach of the Bianucci Law Firm
The approach of lawyer Marco Bianucci, a lawyer with consolidated experience in damages compensation in Milan, is based on a meticulous and strategic analysis of the case. The first step consists of a thorough evaluation of the disputed appraisal to identify technical and methodological errors. Subsequently, in collaboration with trusted technical consultants, a counter-appraisal (or party appraisal) is drawn up which not only certifies the error but also precisely quantifies the financial damage suffered. The firm's strategy includes, where possible, an attempt at out-of-court resolution with the professional or their insurance, in order to obtain compensation more quickly. If this route does not lead to a satisfactory result, legal action is taken to ascertain liability and obtain a judgment for damages.
Frequently Asked Questions
Who is responsible for a wrong real estate appraisal?
The primary responsibility lies with the appraiser who drew up the valuation. They are personally liable for their negligent or incorrect work. In some cases, the bank may also be jointly liable, especially if the appraiser was directly appointed by the credit institution and the latter did not adequately supervise the correctness of the valuation before granting a loan.
How long do I have to claim damages?
The right to compensation for damages from professional liability is, as a rule, subject to a ten-year statute of limitations. The period begins from the moment the damage occurred and the injured party became aware of it. However, it is crucial to act promptly to gather all necessary evidence and not compromise the outcome of the legal action.
What evidence is needed to prove an error in the appraisal?
Some evidentiary elements are essential to initiate a compensation action. The main document is the original incorrect appraisal. This must be accompanied by a sworn counter-appraisal drawn up by another qualified technician, which clearly and irrefutably highlights the errors made and provides a correct estimate. Finally, it is necessary to document the financial damage suffered, for example, through the deed of sale or the mortgage contract.
Evaluation of your case in Milan
If you believe you have suffered damage due to an incorrect real estate appraisal, it is essential to act with clarity and promptness to protect your interests. A preliminary legal analysis can clarify the real chances of success and define the steps to be taken. The Bianucci Law Firm, located in Milan at Via Alberto da Giussano, 26, offers its expertise for an in-depth evaluation of your case. Contact lawyer Marco Bianucci to define the most effective strategy for obtaining fair compensation.