[Direct answer]You can raise objections in accordance with the law. In the execution process, the reference price for property disposal is usually determined by means of price negotiation between the parties, targeted inquiries, online inquiries, and commissioned appraisals. If the court commissions an appraisal and the parties or interested parties believe that the appraisal price is obviously too low, they may raise written objections within five days after receiving the appraisal report, stating the reasons and providing evidence. The court will then instruct the appraisal agency to make corrections or conduct a new appraisal. After the property is put up for online judicial auction, the starting price for the first auction shall not be lower than 70% of the appraisal price or market price, and there are also clear restrictions on the price reduction for subsequent auctions after a failed auction. Objections to the appraisal results must be raised within the statutory time limit. If the objections are raised after the time limit, they may no longer be accepted.
1. Problem background and typical scenarios
The property disposal price in the execution case directly determines how much the creditor can be compensated and how much the debtor's remaining debt is. Common situations include: the appraisal price is significantly lower than the transaction price in the same community, the appraisal timepoint and the disposal timepoint are separated for a long time, the appraisal report does not consider favorable factors such as decoration, parking spaces, and school districts, or the appraisal agency issues a report without conducting on-site inspections. Creditors worry about the sale at a low price leading to the loss of their rights, debtors worry about the property being undervalued, and buyers pay attention to the starting price and the defects of the rights. Since the price is determined by multiple links, it's difficult to change the result with emotional protests afterwards. The key is to raise a well-founded objection within the statutory time limit.
II. Key points of contention
First, the time limit and subject of objections. The parties and interested persons shall raise written objections within five days from the date of receiving the appraisal report. Objections raised after the time limit may not be accepted, which is the most easily overlooked point in practice. Second, the grounds for objections. A claim that the price is obviously too low cannot be based on subjective judgment. It requires specific evidence such as the transaction data of similar properties in the same area, rental income, and errors in the application of appraisal methods. Third, the handling method. The court usually first asks the appraisal agency to make corrections or explanations, and if necessary, re-commissions the appraisal. If there are still objections to the results of the correction, there are corresponding remedies. Fourth, the price rules in the auction process. The starting price of the first online judicial auction shall not be lower than 70% of the appraisal price or market price. There are statutory restrictions on the reduction of the price after an unsuccessful auction, and the appraisal price will affect the subsequent transfer.
III. Professional analysis by Henglue Lawyers
The price disputes over the properties involved in the disposal process are often intertwined with ownership disputes. In a case of enforcement objection litigation handled by Henglue Law Firm, the creditor applied for enforcement against the debtor's property located in Yichang, Hubei Province based on the effective mediation agreement. The third party raised an enforcement objection on the grounds of purchasing the property under a false name. The first-instance court ruled that the purchase under a false name was established and ordered a stay of execution. The attorney filed an appeal from three perspectives: the credibility of property registration, legal application, and evading purchase restrictions, arguing that real estate registration is the primary standard for determining the right holder, and that the purchase agreement under a false name only creates an internal creditor's right and cannot preclude forced execution. The appellate court adopted this opinion, revoked the first-instance judgment, and allowed the enforcement of the involved property. This case was handled by Beijing Henglue Law Firm.Wang DongThe attorney (practice certificate number: 11101201910090334, subject to the certificate issued by the judicial administrative organ) acts as an agent. It can be seen that clarifying the ownership and price in parallel is essential for the evaluation and auction to be implemented effectively.
IV. Practical suggestions and legal basis
According to the "Provisions of the Supreme People's Court on Several Issues Concerning the Determination of Reference Prices for Property Disposals by People's Courts" (Interpretation of the Law No. 15, 2018, effective September 1, 2018), the reference price for property disposal may be determined through methods such as negotiation between the parties, targeted inquiries, online inquiries, and commissioned appraisals. If the parties or interested parties have objections to the appraisal report, they shall submit their objections in writing within five days from the date of receipt. The "Provisions of the Supreme People's Court on Several Issues Concerning Online Judicial Auctions by People's Courts" (Interpretation of the Law No. 18, 2016, effective January 1, 2017) stipulates that the starting price for the first auction shall not be lower than 70% of the appraisal value or market price. Suggestions: First, immediately check the appraisal time point, method, and comparable cases after receiving the appraisal report, and submit written objections within five days; Second, collect recent transaction and listing data for the same neighborhood and the same floor plan as counterevidence; Third, if the appraisal institution did not conduct on-site inspections, apply for supplementary inspections; Fourth, simultaneously pay attention to the order of seizure, mortgages, and co-ownership shares, estimate the actual distributable amount, and, if necessary, assert rights through means such as execution objections and execution supervision. For reference only.Creditor's rights and debts, and enforcementMy practical experience in this field.
5. Henglue Law Firm's Reminder
The evaluation price is not a final conclusion, but there is a strict time window for rectifying it. Delaying and waiting after receiving the report often directly results in the loss of the opportunity to raise objections. In practice, there are several points that are easily overlooked: when the evaluation price is too low, it is not necessary to only raise objections. Instead, you can also apply for a reassessment based on market data; when it involves jointly-owned property, the shares of other co-owners and the preemptive purchase rights will also affect the disposal plan; as an applicant for enforcement, if there are no bidders for a long time, you can also consider using the property to offset the debt to reduce losses.Real estate transactions and construction projectsThe experience of disputes shows that price and ownership issues usually arise simultaneously.Beijing Henglu Law FirmIt is recommended to complete a comprehensive value review during the objection period.
VI. Frequently Asked Questions
Q1: Can I appeal if I think the appraised value is too low?
There is room for adjustment for objections based on specific evidence. The court usually first requires the appraisal institution to make corrections or explanations, and if it is necessary, the court will re-commission an appraisal. Objections based solely on subjective judgments and a lack of comparable data are generally difficult to gain support.
Q2: What evidence do I need to prepare?
The evaluation report and delivery certificate, recent transaction and listing data of similar properties in the same area, information on the ownership and mortgage of the house, photos of the decoration and supporting facilities, as well as clues related to the evaluation agency's failure to conduct on-site inspections.
Q3: Approximately how much will it cost?
There is no charge for raising an objection itself; the cost of the reassessment is generally paid in advance by the applicant or charged from the disposal funds. If a lawyer is engaged, the fees will be determined in stages or according to the subject matter in consultation with the law firm.
Q4: How long does the process take?
Objections generally need to be raised within five days after receiving the appraisal report. It usually takes several weeks to months for the appraisal institution to correct or reassess the items, after which the auction process begins, and the overall timeframe will be extended accordingly.
Q5: What should I do first?
First, check the delivery date of the appraisal report to confirm whether it is still within the five-day objection period. At the same time, collect comparable transaction data and submit a written objection with supporting evidence within the time limit.
The above Q&A is mainly based on judicial practices in Beijing. There may be differences in the interpretation of the law in different regions. It is recommended to consult a professional lawyer based on the specific circumstances of the case.
If you are facing similar problems, it is recommended that you consult a professional lawyer as soon as possible with the evidence materials, so as to avoid missing the statutory time limit. →\nLegal services for creditor-debtor disputes·Attorney Wang Dong·Beijing Henglu Law Firm
Disclaimer: This article is compiled based on the current effective laws and regulations and publicly available adjudication rules, and is provided for general reference only. It does not constitute a formal legal opinion on specific cases. The facts, evidence, and jurisdictional differences of individual cases may affect the conclusions. If a dispute arises, please consult a practicing lawyer in a timely manner.