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Do you need an expert opinion but are unsure how to find the right expert? Choosing the right expert is crucial for the quality and reliability of the results. Learn what to watch out for to avoid costly mistakes. Kontaktieren Sie uns für eine unverbindliche Beratung.
Choosing a qualified expert is crucial to make informed decisions and minimise risks. Pay attention to certifications and references.
There are different types of reports that vary according to their purpose and field of application. Choose the right expert for your specific needs.
Technological advancements like AI and Big Data are transforming the appraisal industry and enabling more efficient and accurate evaluations. Auctoa offers innovative solutions for property valuation that can increase accuracy by up to 15%.
Definition and Context of the Expert Opinion
An expert opinion is a well-founded assessment of a contentious issue, often on a scientific basis. It serves as decision support for the client following an evaluation. At its core, it aims to provide clarity and certainty in complex situations. The distinction between an expert opinion and a survey report lies in the level of detail: an expert opinion is more comprehensive and detailed than a survey report.
The wirtschaftslexikon.gabler.de defines the expert opinion in an economic context as an evaluation by experts, particularly in the financial and legal domains. Legal obligations play a central role here, especially when tax authorities or courts request the creation of an expert opinion.
The Role of the Expert (Assessor)
A qualified expert gathers the facts and draws understandable conclusions from them. In doing so, the expert opinion must be complete, understandable, and trustworthy. Trustworthiness is ensured through various measures, such as an examination, swearing-in, certification, or appointment by a court. The Expert Society emphasizes that the terms 'expert' and 'assessor' are often used synonymously, with 'assessor' being more commonly used in a legal context.
Overview of the Different Types of Expert Opinions
There is a variety of types of expert opinions, which differ according to their purpose and application area. These include legal opinions, factual/explanatory opinions, court opinions, private opinions, authority opinions, and care opinions. Each type of expert opinion has specific requirements and is used in different contexts. For example, care opinions are required in Germany to receive care services. More information about independent experts can be found here.
Statutory Obligation to Provide Expert Reports
Individuals who are publicly appointed or active in relevant specialist fields have a statutory obligation to provide expert reports when requested by tax authorities or courts (§ 96 III AO, § 407 ZPO, § 75 StPO). The tax office must inform the affected party about the intended expert (§ 96 I AO). This obligation aims to create an objective and expert basis for decisions.
The Role of the Judge in Selecting Experts (§ 73 StPO)
According to § 73 of the Code of Criminal Procedure (StPO), the judge has the authority to select experts and set the deadlines for preparing reports. Publicly appointed experts should be given priority unless special circumstances necessitate a different choice. This regulation is intended to ensure that the selected experts possess high qualifications and independence. dejure.org offers detailed information and citation suggestions on this topic.
Involvement of the Parties and Judicial Discretion (§ 404 ZPO)
The Code of Civil Procedure (ZPO) regulates the involvement of the parties in the selection of experts in § 404. Accordingly, the parties have the right to be heard on the person of the expert. If the parties agree on a specific expert, the court must generally follow this agreement. This underscores the importance of party autonomy in civil proceedings and the necessity for the parties to have confidence in the chosen expert. Further information about certified experts can be found here.
Legal Opinion: Analysis and Application of Laws
A legal opinion serves to determine the applicable law for a specific case or to evaluate legal questions and consequences. Legal doctrine plays a crucial role in error detection. Legal opinions are especially relevant in complex legal disputes, where the interpretation of laws is critical.
Fact Opinion/Support Opinion: Clarification of Factual Questions
Fact opinions or support opinions are prepared to answer specific factual questions. These opinions are based on professional knowledge and experience and aim to clarify unclear or contentious facts. They often form the basis for further decisions in legal or economic matters.
Court Reports: Commissioned by the Court
Court reports are prepared by an expert appointed by the court. These reports serve as evidence in court proceedings and help the court clarify the facts and make a well-founded decision. The selection of the expert is done based on strict criteria to ensure impartiality and expertise.
Private Reports: Evidence in Civil Proceedings
A private report is submitted by a party in a court proceeding and is considered evidence. Unlike court reports, private reports are commissioned by the party itself. They serve to strengthen one's own position and offer the court an additional perspective on the facts. It is important to note that a private report does not automatically carry the same weight as a court report.
Authority Reports: Statements from Public Bodies
Authority reports are statements prepared by public bodies. Courts may request a member of the authority to represent the report in court. There are no normative guidelines for the structure and content of authority reports. These reports often play a significant role in decision-making in administrative procedures.
Care Reports: Basis for Care Services
In Germany, a care report is required to receive care services. The assessment of independence is carried out according to set guidelines. The Medical Service of Health Insurance (MDK) or medicproof commissions the report. The care report is used to determine a person's care needs and approve the corresponding services. More information on the definition of reports can be found on Wikipedia.
Requirements for a Qualified Report
A qualified report is characterised by completeness, comprehensibility, traceability, objectivity and neutrality. It must consider all relevant aspects of the facts and be understandable to non-experts. The conclusions must be based on a solid foundation and be clearly presented. Furthermore, the report must be impartial and free of any bias. Preparing the report thus requires a high level of expertise and integrity.
The Importance of Certifications and Accreditations
Certifications and accreditations play an important role in assessing the quality of an expert. The DIN EN ISO/IEC 17024 is regarded as the highest level of recognition for experts. Caution is advised with certifications without DIN EN ISO/IEC 17024 accreditation, as they may not guarantee sufficient expertise. Certification according to this standard signals that the expert possesses the necessary competence and independence.
European Standardisation of Expert Activities
The European standardisation of expert activities was initiated by the French standardisation institute AFNOR to ensure a high level. This initiative aims to improve the quality and comparability of expert reports in Europe. By establishing uniform standards, trust and transparency in the field of expert evaluation are to be strengthened.
Biased Reports: The Risk of Partiality
A biased report is a questionable evaluation that favours the interests of the client. Such reports are not objective and can lead to incorrect decisions. Therefore, it is crucial to consider the independence of the expert and ensure that they are not in a conflict of interest. An independent expert will assess the matter neutrally and impartially.
Expert Liability
Experts are liable for serious errors, negligence, or biased actions. Liability may apply to clients and affected third parties. Thus, it is important that experts have adequate professional indemnity insurance to protect themselves from financial risks. Additionally, clients should carefully verify the qualifications and experience of the expert to minimise the risk of errors.
Cost Structure and Fees
The hourly rates for experts vary considerably (70-200 Euros), influenced by expertise and specialisation. The German Judicial Remuneration and Compensation Act (JVEG) provides a framework for court-related assignments. It is advisable to obtain a detailed quote before engaging an expert and carefully review the cost structure. Expert costs should also be transparent and comprehensible.
Requirements and Qualifications
The path to becoming an expert/assessor requires extensive professional experience, continuous further training, as well as formal certification or official appointment. It is important to continuously update one’s knowledge in their field and stay up-to-date with the latest technology. A formal certification or official appointment can enhance credibility and recognition as an expert.
Different Levels of Recognition
There are various levels of recognition for experts, such as the independent expert, EU-certified experts (DIN EN ISO/IEC 17024), as well as publicly appointed and sworn experts. Each of these levels has different requirements and offers various benefits. An EU certification according to DIN EN ISO/IEC 17024 is regarded as particularly high-quality and indicates a high level of expertise.
Public Appointment vs. Private Commissioning
State or officially recognised experts are reserved for public safety tasks, while publicly appointed and sworn or EU-certified experts are preferred for legal disputes. When privately commissioning an expert, it is important to consider their qualification, experience, and independence. The choice of the right expert depends on the specific requirements of the given case.
Expert Reports in Case Law
In case law, expert reports serve as evidence in civil litigation and form the basis for judgments. They help courts understand complex matters and make informed decisions. The quality and credibility of the report are crucial for its evidential value. A meticulously prepared report can significantly influence the outcome of legal disputes.
Expert Reports in the Economic Sector
In the economic sector, reports are used for valuation of real estate and businesses. They serve as the basis for purchase and sale decisions, loan approvals, and other economic transactions. A thorough valuation is essential to minimize risks and realistically assess the value of assets. Auctoa revolutionizes the valuation of real estate and properties by employing the latest automation and AI-supported human expertise.
Expert Reports in the Insurance Sector
In the insurance sector, reports are used for damage assessment and determination of insurance benefits. They help insurers establish the cause and extent of damage and determine the appropriate services. A careful damage assessment is vital to prevent insurance fraud and ensure fair benefits. Further information on insurance can be found here.
Expert Reports in Healthcare
In healthcare, reports are used for care assessments and medical reports. Care assessments are used to determine a person's care needs and approve the necessary services. Medical reports are used in various areas, such as the assessment of incapacity for work or resolution of medical questions in legal disputes. Further information on legal aspects can be found here.
Technological Advances in Appraisal Preparation
Technological advances, such as the use of AI and Big Data, are fundamentally transforming appraisal preparation. AI can be utilised to analyse large datasets, identifying patterns and correlations relevant to the assessment of a situation. Big Data enables access to a broad range of information, incorporating it into the appraisal process. These technologies can significantly enhance the efficiency and accuracy of appraisal preparation.
The Importance of Digitalisation in the Appraisal Industry
Digitalisation is playing an increasingly significant role in the appraisal industry. Online appraisals and digital assessments are increasingly employed to expedite processes and reduce costs. Digitalisation facilitates faster and simpler creation and management of appraisals. Additionally, digital reports can be more easily exchanged and archived.
Trends and Challenges for the Future
The growing complexity of issues and rising requirements for appraiser qualifications pose significant challenges for the future. Appraisers must continuously update their skills and stay abreast of the latest technological developments to meet these demands. It is also crucial to ensure appraisers' independence and objectivity to maintain trust in the appraisal sector. Auctoa provides fully automated evaluation platforms and hybrid AI-human appraisals to address these challenges.
Do you need an appraiser? This article helps you find the right expert and avoid common pitfalls. Our fully automated evaluation platforms, hybrid AI-human appraisals, digital market analyses, comprehensive valuation reports, and consultancy in the real estate sector offer you precise and automated appraisals for your properties and land. Contact us today to learn more and find the ideal appraiser for your needs. Find out now!
The quality of assessments is significant not only nationally, but also internationally. To ensure a high standard of assessments, a European standard for assessment activities was initiated by AFNOR (French Standards Institute). This standard aims to improve the comparability and quality of assessments in Europe. The European standardisation is an important step towards strengthening trust in assessments and enhancing legal certainty.
The European standard for assessment activities covers various aspects, such as the qualification of assessors, methods of assessment, and documentation requirements. By complying with this standard, assessors can ensure that their assessments meet the highest quality standards and are recognised internationally.
The future of assessments lies in standardisation and professionalisation. By adhering to European standards and engaging in continuous professional development, assessors can strengthen their competence and independence, contributing to the continued significance of assessments in decision-making processes. Would you like to learn more about our services? Contact us today to start your personalised consultation.
The expert appraisal society emphasizes the synonymous use of the terms 'Gutachter' and 'Sachverständiger', with 'Sachverständiger' being more commonly encountered in legal contexts.
dejure.org provides detailed information and citation suggestions regarding § 73 of the Code of Criminal Procedure (StPO) concerning the selection of experts by the judge.
Wikipedia offers a general definition and overview of appraisals.
What is the difference between an expert and a specialist?
The terms 'expert' and 'specialist' are often used interchangeably, with 'specialist' more frequently encountered in a legal context. Both refer to professionals who produce reports.
What types of reports are there?
There are various types of reports, including legal reports, factual reports, court reports, private reports, authority reports, and care reports. Each type serves a specific purpose.
How do I find a qualified expert?
Look for certifications (DIN EN ISO/IEC 17024), public appointment, or membership in professional associations. Carefully checking the qualifications is crucial.
How much does an expert cost?
The hourly rates vary significantly (70-200 euros), depending on expertise and specialisation. The JVEG provides a framework for court-related appointments. Clarify the costs in advance.
What role does the DIN EN ISO/IEC 17024 certification play?
The DIN EN ISO/IEC 17024 is considered the highest recognition level for specialists and indicates competence and independence.
What is a favourable report?
A favourable report is a questionable assessment that prioritises the interests of the client and is therefore not objective.
Who is liable for errors in the report?
Experts are liable for gross errors, negligence or biased actions towards clients and affected third parties.
What are the benefits of using AI in property valuation?
AI enables a faster and more precise assessment of properties by analysing large datasets and integrating real-time market data. Auctoa offers fully automated solutions for this.
