Objection Against Expert Report
. EXECUTION LAW COURT
APPRECIATION OF VALUE
OBJECTOR
(DEBTOR) :
THE PLAINTIFF :…….
ATTORNEYS :…….
DEFENDANT :…….
SUBJECT :…. Our objections to the valuation dated ../…/2019 made by the Execution Directorate for the file numbered 2016/… E.
dated ../../2019 made by the Execution Directorate for the file numbered 2016/…E.
EXECUTION FILE NO : … EXECUTION DIRECTORATE FILE NO. 2016/… E.
NUMBERED FILE.
EXPLANATIONS :
Pursuant to the attached power of attorney, we are the attorneys of … who object to the appraisal.
.. Execution Directorate with file no. 2016/.. E. numbered file, ….. brand, … Type, … Sedan type … model vehicle was seized and an appraisal was made with the expert report dated ../../2019.
With the valuation report, the second hand value of the vehicle was determined as 176.000,00-TL. In this context, it has become necessary to object to the report dated …/../2019 submitted to the file for the following reasons.
In the appraisal report, it was stated that the engine, transmission section, bodywork, accessories and other equipment of the vehicle were in place and in good condition, that the vehicle was a top model automobile, and that the vehicle had never been involved in an accident according to the Vehicle Tram records.
In the relevant appraisal report, the second hand price of a vehicle with the same characteristics as the vehicle was not specified, and the comparison of the precedent vehicle was not written in a clear and explanatory manner in the report. Moreover, the fact that the vehicle has never been involved in an accident before has not been evaluated in terms of the value of the vehicle. This issue constitutes an essential element in determining the real value of the vehicle.
The relevant vehicle has features such as automatic glass, heated mirror, alarm, front folding rearview mirror, air conditioning, ABS, cruise control, ergo seat, central lock, electric and heated seat, light package, sensors, radio, headlight night sensor, airbags, folding mirror, two-way digital air conditioning, front rear armrest. In addition, the vehicle’s ignition system, engine, air conditioning compressor, water pump, cooling pipes, engine brain, engine and all parts working together are in good condition. The value of the vehicle in its current condition is higher than the value stated in the valuation report. However, the issues we have mentioned above were not sufficiently taken into consideration in the report.
When these issues are taken into consideration, it will be understood that the value has been determined low. For all these reasons, it has become necessary to determine the value of the immovable property with a new expert examination to be conducted by your Court. We request your Court to order a new expert examination from a new expert committee and to re-determine the value of the vehicle subject to the lawsuit.
EVIDENCE :
.. Execution Directorate by 2016/.. E. numbered file (We request subpoena)
.. Appraisal report dated ../../.2019 received by the Directorate (Annex-1)
Discovery, expert examination, all kinds of legal and discretionary evidence.
CONCLUSION and REQUEST : For the reasons explained above and to be taken into consideration ex officio, we object to the valuation report dated …/../.2019 made by the … Execution Directorate from the file numbered 2016/… E. dated ../../.2019 by the …/../.2019 dated valuation report made by the …/../.2019 dated file numbered 2016/..E. by the …/../.2019 dated Execution Directorate, and we request that your Court re-determine the value of the … brand, … type, series …, … sedan … model vehicle subject to the lawsuit by conducting a new discovery and expert examination in accordance with our objections. Sincerely. 07.03.2019
Objector to Appraisal
Counsel for the Plaintiff/Debtors
ATTY.
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