If a property valuer is appointed to give a final determination of the value of the family home in accordance with a divorce agreement, can his expert opinion be altered by the court if challenged by a party who claims it is biased or unfair ?
By: דיאנה שאלתיאל•Published on: 27 June, 2022Where a property valuer is appointed within the framework of a divorce agreement and is supposed to give his opinion , as an expert, on the value of the real estate, and the parties agreed that his finding would be binding then he acts as a ‘quasi-arbitrator’, The Tel Aviv Family Court has held . As such his findings can only be criticised or changed by the court if he has acted outside his powers, including acting against the principles of natural justice. The court can also interfere in the valuation where it contains a substantial mistake .