Valuation Services for Lawyers and Courts

You can explore our Valuation Services tailored for Lawyers and Courts.

Expert Opinion Report Service for Lawyers in Real Estate and Property Cases

  1. Purpose:

To prevent delays in real estate and property disputes by providing accurate and reliable expert reports, reducing the risk of erroneous conclusions that prolong mediation and legal proceedings.

  1. Scope:

We prepare expert opinion reports based on thorough technical and scientific analysis, following International Valuation Standards and the Capital Markets Board (CMB) communiqué. These reports are audited, reviewed, and certified by licensed valuation experts, ensuring compliance with professional ethics, providing lawyers with a solid basis to challenge inaccuracies in existing expert reports for both real estate and movable property (e.g., machinery, equipment, fixtures).

  1. Advantages of Obtaining a Valuation or Opinion Report from a Professional Valuation Firm:
  • Support in submitting precise objections to flawed expert reports.
  • Use of the opinion report as reliable evidence in court.
  • Consideration of the report as expert testimony by the court.
  • Efficient resolution of disputes, including zoning, expropriation, urban transformation, inheritance, and rent determination cases.
  • Accurate valuation of fixed assets in cases of company mergers or separations.
  • Access to services from a semi-official, independent valuation company licensed by the CMB and BRSA.
  • Reports prepared by a multidisciplinary team of experts—architects, civil engineers, urban planners, survey engineers, and mechanical engineers—with over 5 years of experience.
  • Benefit from the nationwide service network and extensive database of the valuation company.
  1. When Should a Valuation or Opinion Report Be Obtained in Real Estate Cases?
  • Immovable property compensation cases
  • Prohibition of intervention lawsuits
  • Establishment of easement rights cases
  • Forfeiture actions
  • Removal of partnership (izale-i şuyu) lawsuits
  • Mortgage and expropriation cases
  • Title deed cancellation and registration cases
  • Rent determination cases
  • Inheritance division cases
  • Property division following divorce
  • Eviction cases and pre-emption (shufa) disputes
  • Condominium disputes
  • Disputes in construction contracts or urban transformation projects
  • Land share disputes
  • Urban transformation lawsuits
  • Merger or demerger proceedings (valuation of fixed assets)
  1. When Are Real Estate Valuation and Consultancy Services Needed in Real Estate Lawsuits or Mediation Procedures?
  • To thoroughly examine and interpret land registry and other official records during real estate acquisition, identifying any issues early and informing the client of potential risks.
  • In civil lawsuits, to provide expert opinions under Article 293/1 of the Code of Civil Procedure (CCP), which can:
    • (i) Support claims or defenses,
    • (ii) Object to or support the court-appointed expert’s report, or
    • (iii) Strengthen appeals or challenges against the court’s judgment.
  • In cases of non-compliance with construction or sales contracts, to prepare reports that substantiate claims and form a solid basis for the case.
  • During the purchase or sale of real estate on behalf of clients, to assess any legal issues and the market value of the property, ensuring compliance with the attorney’s duty of care.
  1. Real Estate Valuation in Inheritance Partnership Settlement Cases

In inheritance partnerships, multiple parties share a single, undivided ownership right over immovable property. To dissolve this partnership, one may file a lawsuit to terminate the shared ownership. During the proceedings, the market value of the inherited properties must be determined by court-appointed experts.

However, obtaining a real estate valuation report from CMB-licensed experts offers a more professional and accurate assessment of the property’s true market value, providing valuable input to the court’s decision-making process.

  1. Real Estate Valuation in the Case of İzale-i Şuyu (Dissolution of Partnership)

When co-owners of real estate (e.g., in inheritance or shared ownership situations) cannot agree on the sale of the property, one or more parties may file a lawsuit to dissolve the partnership (izale-i şuyu). Courts typically appoint experts to determine the value of the immovable property during such cases.

A real estate valuation report prepared by CMB-licensed experts can provide a more accurate market value than court-appointed experts. This report can also be instrumental in objecting to faulty expert reports, potentially leading the court to reconsider the valuation based on re-examination.

  1. Real Estate Valuation in Preemption (Shufa) Right Cases

When a shareholder sells their share of an immovable property to a third party, other shareholders with the right of pre-emption (shufa) may file a lawsuit to purchase the share. During these lawsuits, experts are appointed to assess the value of the share being sold.

A real estate valuation report prepared by CMB-licensed experts can provide a more precise market value, ensuring that the pre-emption price is fair and reflective of current market conditions.

  1. Real Estate Valuation in Rent Determination Cases

Rent determination cases are filed when the tenant or landlord seeks to re-assess the rental value of a property. Experts evaluate factors such as inflation, comparable rental rates, zoning changes, and property characteristics to determine a fair rental price.

A real estate valuation report prepared by CMB-licensed experts can help the court arrive at a fair and accurate rental value, supporting the claims of the involved parties and ensuring a just resolution.

  1. Real Estate Valuation in Expropriation and Unlawful Expropriation Cases

Expropriation involves the acquisition of privately-owned property by public institutions to serve public needs. This process follows a strict administrative procedure, culminating in a purchase attempt. If the administration cannot buy the property through negotiation, they initiate a lawsuit to determine and register the expropriation value.

In some instances, property is taken without following proper expropriation procedures, known as expropriation without compensation. This can occur through seizure or zoning applications without the owner’s consent or payment. The owner can file a lawsuit to claim compensation or demand the return of the property.

In such cases, accurate valuation of the property is crucial to protect the owner’s rights. A valuation report prepared by CMB-licensed experts helps the court and appointed experts determine the property’s true market value.

  1. Real Estate Valuation in Condominium and Urban Transformation Lawsuits

Urban Transformation aims to demolish and rebuild properties that have exceeded their economic life or pose safety risks. This involves many legal and financial uncertainties for property owners and contractors, often leading to lawsuits.

Our team provides comprehensive support by preparing valuation reports that clarify ownership and settlement disputes, including:

  • Preparing valuation reports to assess the current situation in case of legal disputes.
  • Reorganizing land shares per Article 3 of the Condominium Law.
  • Preparing valuation reports for the sale of land shares requested by the Ministry’s Urban Transformation Directorate.
  • Conducting goodwill reports for ongoing or new projects.
  • Analyzing new project pricing, comparison reports, and participation rates in urban transformation projects.
  • Determining ownership rights.

Our reports serve as critical expert opinions, contributing to the fair resolution of urban transformation lawsuits.

  1. Real Estate Valuation in Ecrimisil Cases

Ecrimisil is compensation demanded when someone unlawfully occupies or uses another’s property without permission. The compensation amount is based on factors like property type, usage, location, infrastructure access, agricultural productivity, and zoning status.

CMB-licensed valuation experts will prepare a detailed report to determine the ecrimisil value based on these factors, ensuring just compensation for the unlawful occupation.

  1. Real Estate Valuation in Compensation Cases for Defective Property Sales

If a buyer discovers that a purchased property does not meet promised specifications or is defective, they may file for compensation. Claims can include price reductions or compensation for damages incurred due to defects or voluntary misconduct such as fraud or coercion.

A valuation report prepared by CMB-licensed experts will provide crucial evidence to quantify the buyer’s losses, aiding in the court’s decision regarding compensation.

  1. Property Valuation in Execution Sales

Accurate valuation of real estate is crucial in execution sales of foreclosed properties for both creditors and debtors. A low valuation may allow the debtor to settle their debt for less than owed, resulting in losses for the creditor. Conversely, an inflated valuation can hinder the sale, leading to losses for both parties.

Engaging a CMB-licensed valuation expert ensures the property is valued accurately, protecting the interests of both the creditor and debtor. The expert’s report serves as a reliable benchmark against the valuation provided by the enforcement directorate. This can guide decisions on whether to contest the enforcement directorate’s appraisal and support further objections if necessary.