What it is

In Italy a sworn appraisal (perizia giurata) is a written, dated and signed report, formally validated by the appraiser's oath before the clerk of a judicial office or before a notary. This formal procedure is called asseverazione. The record of the oath is attached to the report, immediately after the main text and before the appendices.

The legal effects of the oath

  • A personal act: the appraiser must appear in person with an identity document; the oath is a strictly personal duty and cannot be delegated.
  • Assumption of responsibility: the appraiser swears to the truthfulness and correctness of what is stated. Any false statement made in a sworn appraisal is a criminal offence.
  • A formal, not a substantive, check: the clerk or the notary only verifies the identity of the person taking the oath, without examining the technical assessments expressed. The oath does not in itself make the valuation more accurate, but it adds the author's criminal liability for what is stated.
  • The value of the report: it remains a reasoned technical opinion; in court proceedings, if prepared on behalf of one party only, it remains a party's appraisal.

When it is needed

The oath is required in the cases expressly provided for by law or at the specific request of the recipient of the report. It is always advisable to check in advance with the client or the receiving body whether the sworn form is really needed, so as to avoid unnecessary time and costs.

The method does not change

The appraisal process does not change: it includes the direct examination of the works, research into comparable sales and a value reasoned in detail. The value is the logical outcome of the appraisal, not a separate figure to be validated. Existing inventories or catalogues make the recording stage easier, but the appraiser cannot under any circumstances swear to values provided by others.

Timing and additional costs

The oath is taken once the report is complete. In addition to the professional fee there are the revenue stamps, calculated on the number of pages of the document, and, if a notary is used, the notary's fees. Several judicial offices also require an appointment.