VIC Property Valuation Needs to be Sworn by Expert?

[Danstar]

Currently in court in regards to my and my ex's house. The judge has asked me to get formal valuation as my ex did not do this and I will be attending the next court date as an "undefended hearing".

So I got my bank to do a formal valuation around 9 months ago, which they were happy to give me a copy of.

But my question is, in the orders set out by the judge:

"1. The husband forthwith do all acts and things necessary to obtain a valuation by an appropriately qualified person, such valuation to be sworn to by the expert, as soon as practicable."

He states that I need it to be sworn by the expert...what does this mean exactly? Do I need to ask the valuers to sign an affidavit? Will they do that if the bank is the one who got this valuation?

 

[Sophea]

He states that I need it to be sworn by the expert...what does this mean exactly? Do I need to ask the valuers to sign an affidavit?

Essentially yes

Will they do that if the bank is the one who got this valuation?

You can only try.

Otherwise you will need to pay for another valuation and get all proper documentation for court from that valuer.

 

[Danstar]

Thanks Sophea.

Just one more question. Do I need to get the valuer to sign an affidavit that I can prepare and email to him and get him to email back to me signed ?

 

[SamanthaJay]

The valuers I used included the affidavits in their reports.

 

[Danstar]

This was a valuer provided by the bank when I inquired about re-financing my mortgage when (and if) I get the title put under my name...Sent the company who did it an email asking if they could provide me with one. Hoping they say yes....

The valuers I used included the affidavits in their reports.

If not, may I ask who you used?

 

[SamanthaJay]

This was a valuer provided by the bank when I inquired about re-financing my mortgage when (and if) I get the title put under my name...Sent the company who did it an email asking if they could provide me with one. Hoping they say yes....

If not, may I ask who you used?

That will save you a substantial amount of money if the previous valuation done through the bank is allowable.

The real estate valuation was done by a fairly local valuer in the north east of Melbourne. Would this area be relevant to you?

The other valuation was for household items/farm/business/vehicles done by the one company. With forsight now, I should have had the vehicles valued by a specialist as they are collectible vehicles.

 

[Danstar]

I'm in the west...

I'm not sure if I should email the judges assistant and ask if this would be allowed to be used in my next court date. As I don't want to waste another day in court, and at the same time don't want to waste money on a new valuation if I don't need to....

 

[SamanthaJay]

I think it would be a good idea to request clarity in regard as to whether you can use the valuation. I'm not sure how detailed the bank's valuation is and if the bank, for lending purposes, require different things on a property valuation compared to a valuation required for a financial settlement.

 

[Danstar]

It's not very clear in the orders

1. The matter be adjourned to XXXXXX for undefended final hearing.

2. The husband forthwith do all acts and things necessary to obtain a valuation by an appropriately qualified person, such valuation to be sworn to by the expert, as soon as practicable.

3. The husband file and serve an affidavit annexing the valuation on the mother on or before
3 March 2017.

 

[SamanthaJay]

Agree. I guess that's where a solicitor comes in handy!