A supplementary expert opinion (Obergutachten) usually becomes necessary when a private appraisal report and a court-ordered appraisal report differ significantly in their results and the court is unable to resolve the contradictions itself.

The appointed supplementary valuer explicitly addresses the methodological differences between the previous appraisal reports in their report and provides reasoning as to which approach is correct from a professional standpoint.

Since a supplementary expert opinion (Obergutachten) causes additional costs and time, courts only order one in cases of genuinely significant, decision-relevant contradictions.

The umpire valuer generally receives all previous appraisal reports as well as the underlying documents and must engage professionally with the diverging approaches.

Although its assessment is not automatically legally binding, it is generally treated as authoritative by the court in practice, due to its particular engagement with the previous appraisal reports.

Legal notice

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