The provision originally stems from land law but is nowadays generally used as the authoritative definition of market value for any type of real estate.
The deliberate objectification is decisive: personal hardship, familial relationships between buyer and seller, or emotional motives for purchase are explicitly disregarded in the valuation.
This legal basis underlies both the ImmoWertV and numerous references in other laws, for example in the law on foreclosure auctions.
This deliberate exclusion of personal and subjective factors clearly distinguishes the legal market value from the individual "sentimental value" that a buyer would be willing to pay for purely emotional reasons.
Precisely for this reason, the market value determined by an appraisal report may differ from an actually achieved sale price without this being methodologically flawed.
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