Defective valuation report: when an expert may be liable to the purchaser and parties

Section 141(5) EO addresses financial disadvantages caused by a negligent performance of the expert’s office. It names the purchaser and all parties to the proceeding as the protected group. It is not a general promise that the estimated value must later be achieved.

Section 1299 of the Austrian Civil Code connects the standard to special expertise and the diligence that is not ordinary in the circumstances. The review must therefore compare the particular assignment with the act being criticised. A general complaint about the result does not make that connection.

The review starts by asking which task was not performed properly in the report or in its preparation. Section 141 EO refers, among other points, to the relevant date of the inspection and to the description and visual documentation of the property. These anchors help put a criticism on a concrete factual basis.

Compare the inspection, property description, site plan, floor plan, image and sources used with the actual file. The statement that another value would have been more appropriate does not by itself show which duty was breached.

A claim under section 141(5) EO requires a financial disadvantage. It must be described as a specific economic position. Depending on the role and the file, this may involve a provable additional expense, a particular loss of proceeds or another quantifiable financial consequence. The exact classification depends on the evidence.

The later award price, a resale result or a private market opinion is not automatically the recoverable loss. It may show a difference, but it does not alone establish the breach or whether that act caused the disadvantage.

The claim review needs a traceable chain: which information or act was negligent, which decision or financial movement followed and what disadvantage resulted? The chain must be shown by the documents and a clear timeline.

Keep the report finding separate from later events. Record the inspection, the information available, the bid or other financial decision and the loss calculation with dates and file references. This makes it possible to assess whether the disadvantage can be attributed to the performance of the valuation assignment.

For an initial classification, place the complete valuation report, its summary, inspection materials and the procedural timeline in one working file. Add the documents showing the alleged financial disadvantage and its calculation.

The article on review points for a court valuation explains how to organise the inspection date, property description and bases. The liability review then asks more narrowly which duty and which attributable disadvantage remain.