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Widley differing house valuations - Help!

  • NGneer
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04 Feb 08 #12751 by NGneer
Topic started by NGneer
Hello all, first time on here so please forgive any protocol faux pas.

I am the apllicant in what has become a very acrimoniuos divorce. The actual divorce has been staffed through but (unsuprisingly) the financial settlement is proving to be very contentious.

12 months ago i got the house valued at a value of £300,000. The valuation is importent as it is probable my Ex will have to sell it and down size to buy me out.

After 12 months of evasion and provarication the case is now in the hands of the courts for a resolution. We went to an FDR in Nov 07. At this hearing She rejected my 'documented' valuation of £300,000 claiming it was more like £275,000. We were prepared to split the difference, which she again rejected and then even rejected her own valuation!!! As such the DJ ordered that she get some valuations by Dec 07. We are due in court for a final hearing on 14th feb 08 and in the last day or so she has finally passed on her valuations. Somhowe the valuations for the property are now £200,000 or less, one of which is even from the same people whom said that it was worth £300,000 12 months ago. This makes no sense as the market (although slower) has still risen over the past year.

This whole problem has been compounded by the fact i am in HM forces and have been posted to South East Asia so am trying to deal with issues half a world away - and also have the added hassle and cost of flying back for a court hearing.

Does anyone know of any legal requirement or prescedent for the estate agent to justify/explain their vastly different valuations which fly in the face of the market analysis.

Time is very much of the essence as i fly back to the UK on the 8th feb and really need to have all the infomation available, or action in motion by then.

Anybody got any good advice?

  • attilladahun
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04 Feb 08 #12752 by attilladahun
Reply from attilladahun
Expert evidence
2.61C CPR rules 35.1 to 35.14 relating to expert evidence (with appropriate modifications), except CPR rules 35.5(2) and 35.8(4)(b) apply to all ancillary relief proceedings.

Rules are here:
www.justice.gov.uk/civil/procrules_fin/c...nts/parts/part35.htm

Answer to your question is here:

Written questions to experts
35.6
(1)
A party may put to –
(a)
an expert instructed by another party; or
(b)
a single joint expert appointed under rule 35.7,

written questions about his report.
(2)
Written questions under paragraph (1) –
(a)
may be put once only;
(b)
must be put within 28 days of service of the expert’s report; and
(c)
must be for the purpose only of clarification of the report,

unless in any case –

(i)
the court gives permission; or
(ii)
the other party agrees.
(3)
An expert’s answers to questions put in accordance with paragraph (1) shall be treated as part of the expert’s report.
(4)
Where –
(a)
a party has put a written question to an expert instructed by another party in accordance with this rule; and
(b)
the expert does not answer that question,

the court may make one or both of the following orders in relation to the party who instructed the expert –

(i)
that the party may not rely on the evidence of that expert; or
(ii)
that the party may not recover the fees and expenses of that expert from any other party.

SO YOU MUST

file questions of the Expert........

Actually if I was acting for you I would be so concerned I would seek urgent directions of the Court

Have you sourced evidence of properties very close by for sales in last year or two......search

Welcome to Hometrack

Hometrack provides information solutions to the UK housing and mortgage industries. These services deliver accurate and reliable information which is vital for enhanced decision making and improved efficiency in highly complex and competitive markets.

We deliver automated valuations and risk analytics services to over 90% of UK Mortgage Lenders. We supply a range of innovative applications to organisations across the residential sector including Developers, Housing Associations, Corporate Investors, Estate Agents and Local & Central Government.

Hometrack are redefining the way the industry operates in combining the insight and expertise of market leading specialists with unique property information and the latest technology.

We strive, in partnering with our clients, to provide unrivalled products and services that minimise risk and significantly improve return on investment.

Link is here:
www.hometrack.co.uk/

Check also this as a cross check against average prices for the region:
House Price Calculator
Calculator Instructions:
* Property Value: Enter the price paid for, or a more recent valuation of your property.
* Valuation Date 1: The date when your property was purchased, or revalued.
* Valuation Date 2: Date for which you would like a new estimate of your property's value.
* Region: Select region which the property in situated in. If you are not sure which region the property is in, click on the link below the calculator.
Link is here
www.nationwide.co.uk/hpi/calculator.asp?calculate=true

If the property is to be sold your proposal can be a % of sale price for Wife!!!
or a formula the W gets a lump sum from the proceeds = to the average price of a 3 bedroomed property in X Rd Anytown as certified by X & Co Surveyors at the time of sale of the FMH......ie W if arguing her case on "need" gets the necessary property and you get the balance

Clearly a very tight definition of the property she is to get should be adopted as who decides the sale price of FMH

Hope this helps..

  • NGneer
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04 Feb 08 #12787 by NGneer
Reply from NGneer
Attilla - WOW. Thankyou for your spedy and comprehensive reply.:cheer:

My solicitor has already said she is going to contatc the Estate Agent whos valuation has dropped by £100,000 in the last 12 months, and i am sure she will be employing that legistlation if needs be.

I have sourced property examples in the same area from the same Estate agents web sites that she has used for the valuations. Again these dont corespond with the valuation quoted? What i suspect she has done is seperate part of the house of from the rest (possible if you know the layout of the house) effectivly splitting it into TWO properties, and has only gota valuation on part of it - hence a partial valuation.

I cannot prove this unless we get another formal valuation carried out. As such we have instructed a surveyor to carry out a full valuation of the whole property in time for next weeks hearing. I fully expect my ex to refuse him entry even though my solicitor has contacted her legal represntation advising against this - so the courts will have to make of that what they can.

I have looked at the HomeTrack website before but the verity of properties on the same street make it very difficult to get a meaningfull 'norm'. however i did find some good info on ww.mouseprice.com (incase it is of use to anyone else).

The Nationwide link was very good and showed:

Results:-
A property located in East Anglia which was valued at £300000 in Q1 of 2007, would be worth approximately £311616 in Q4 of 2007.
This is equivalent to a change of 3.87%.


To get a valuation of £200,000 in Q4 of 2007 (the nearest to current) the value of the property back in Q1, when valued at £300,000, would have had to be £192,544.

I have forwarded this information to my solicitor in case it helps shape a very pointy question of the Estate agent in question.

Once again thanks very much for you time and advice - much appreciated. :)

  • unic
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06 Feb 08 #13026 by unic
Reply from unic
Thanks Attila!!

I am in a v similar situation.
Prop valued at £300k in Apr 06 before i moved out.
xtb had 3 vals £230 - £250 k
After a fight I was allowed one val
£300-320K
Been to First hearing, DJ ordered we both pay for one binding valuation from different agent.
Agent has similar property is same area on market for £330k.
If valuation is much lower can I challenge it?

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06 Feb 08 #13027 by NGneer
Reply from NGneer
Unic

It is a thankless and expensive fight i know.
Estate agent valuations can fluctuate widely as they can either trying to under value the property for a quick sale, or over value to make you (to potential seller) go with them and secure you bussiness - hence money.

What i have done is get my solicitor to employ a 'surveyor' to carry out a full survey and valuation of the property. Admittedly this will cost in the region of £250 but a surveyors valuation (in effect) trumps anything else. Beware though as if the valuation comes in lower than you were hoping for it could also work against you.

Good luck and remember, one day at a time and eventually the blue skies will come back.

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06 Feb 08 #13029 by unic
Reply from unic
fingers crossed for u for the 14th. Cruel date!!

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06 Feb 08 #13036 by NGneer
Reply from NGneer
LOL - yes a bit irronic isn't it.

A message to all out there. it has taken me over 12 months of pushing to get to this point. Durring that time i have been accused of just about everything including sexually abusing the children, which was fully investigated, and subsequently dismissed (i was actually partaking in the Gulf war at the alleged time in question), and had my Ex try her hardest to ruin my reputation and career. DIvorce and the associted fall out is a traumatic and draining process. Though i am not yet fully 'out the other side' i have coped/survived and i would like to shre the following with others out there:

Live and deal with one day at a time.
Don't try and think 12 steps ahead - just deal with what is in front of you from day to day.
Each day you finish upright and still breathing is a sucess. Days will turn into weeks, weeks int months etc etc.
Divorce is a s**t storm. If you have started down that path (or had it thrust upon you) you WILL have to pass through the storm. Keep going day by day and one day the storm will be at you back and the blue skies will shine through once again.

Ian

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