Defining An Expert Witness
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Real Estate Expert Witness in Litigation

A real estate expert’s primary purpose is to provide his or her services in connection with these transactions. When litigation is involved, the expert testifies in support of the case. He or she conducts a thorough investigation of the issue and then may write a report or simply compile the data until it is ready for the courtroom. The individual has worked in real estate in one of the following capacities: agent, broker, administrative, or legal services. Years are frequently spent working with or for other real estate professionals in the field. The individual gains a greater capacity to assist the legal team in claims against the defendant as a result of these experiences and years.

Explanation of Real Estate Expert Witnesses

Some expert witnesses are landlords, investors, or brokers. Others have previously sold real estate or worked closely with an agent. Experience with the paperwork and financial aspects of real estate transactions is required to fully comprehend how they occur. Once hired for the case, it is frequently necessary to testify for a lawyer due to violations or crimes against the buyer or seller. The expert will conduct an investigation, which will include a survey of the property, a review of contractual agreements, and an analysis of financial data. If a fraudulent claim is made, these experts can help the lawyer, plaintiff, and courtroom sort out any confusing details.

The Importance of a Real Estate Specialist

Expert witnesses retained in real estate cases may perform a variety of services for the claim. These may include landlord-tenant disputes, broker disputes, investment disputes, joint venture disputes, and similar disputes. Lease and rent disputes are also included in the services provided by a real estate expert. If arbitration is required, one of the parties may seek the advice of an expert witness. Contractual disputes may require clarification and the unraveling of perplexing terms and conditions. While it is preferable to sign documents in the presence of a lawyer, an expert can examine the details and explain what the contract stipulates.

If a buyer or seller encounters complications that require expert assistance, these real estate professionals offer a variety of services. Conflict resolution is critical, and these experts have experience and expertise in putting an end to arguments and resolving numerous issues. The role of a real estate expert witness may vary depending on the facts of the case. It is critical that he or she collaborates effectively with the lawyer to increase the likelihood of successfully informing the courtroom about certain issues. If the defending party owes the plaintiff damages, the expert may explain to the judge or jury why the incident’s victim should be compensated financially.

Real Estate Situations That Require Assistance

While disputes are frequently the most complicated and may require resolution, contracts in real estate closed sales may cause the most confusion. When neither the buyer nor the seller hires a lawyer to ensure that the agreement paperwork is error-free, inaccuracies and problems are possible. To analyze and assess for issues, these documents may require the expertise and knowledge of an expert. Other contract-related issues could include brokers or real estate agents who failed to perform essential duties for the buyer or seller. Then either party may initiate litigation.

Prior to the contract’s final stages, it is critical to assess and survey the property. The purchaser must ensure that there are no outstanding issues. If an agreement has been reached regarding who is responsible for specific issues, these details must be included in the contract documentation. Other complications may arise if a verbal agreement is reached but not documented. It is critical that all data collected during the survey and other transactions is stored in a secure location.

Expert Witness Testimony in Commercial Real Estate Litigation

The expert will be called upon to testify regarding a variety of issues involving a buyer and a seller, as well as other parties. It is possible that through his or her explanation of the situation, the incident or conflict will become clearer. The judge or jury may then deliberate on all of the facts in order to reach a conclusion and resolution of the dispute between the parties.

Real Estate Expert Witness Services by Craig Cherney, Esc.

Craig Cherney is a trusted client advisor and a sought after real estate expert witness who is hired by the nation’s top Real Estate Litigation Attorneys to help resolve their litigated real property matters.  Craig has appeared as a testifying expert witness before judges and juries in California, Arizona, Nevada and other jurisdictions across the country. Craig Cherney, Esq. Expert Witness Real Estate480-399-2342.