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How to Choose the Right Real Estate Expert Witness

Choosing the correct real estate expert witness can materially influence the strength of a case. The ideal expert possesses both subject-matter mastery and the communication skills necessary to withstand scrutiny.
  1. Deep Real-World Experience
Hands-on exposure to acquisitions, leasing, property management, valuation, and development helps experts contextualize disputes. Courts value testimony grounded in actual industry practice.
  1. Prior Expert Testimony
Experience producing expert reports, sitting for depositions, and testifying at trial is crucial. Seasoned experts understand how to defend their opinions under cross-examination and how to communicate complex issues clearly.
  1. Professional Independence
Strong expert witnesses are neutral and fact-driven. Their credibility comes from applying consistent methodology—not advocating for either side.
  1. Technical Competence
Depending on the matter, experts may need skills in valuation, damages modeling, ASTM property-condition standards, lease interpretation, rent reasonableness analysis, or fiduciary-duty evaluation.
  1. Strong Communication Skills
Courts rely heavily on how clearly an expert can translate specialized concepts. Modern real estate litigation often requires experts who can explain:
  • Market data
  • Financial modeling
  • Lease provisions
  • Industry norms
  • Cause-and-effect relationships
Professionals like Jeffrey S. Rothbart, who have extensive industry practice paired with legal training and teaching experience, exemplify this balance of expertise and communication.

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