Attorneys rely on real estate expert witnesses when litigation involves questions that require specialized industry knowledge or technical interpretation. These situations often arise in high-value disputes involving:
- Valuation and Damages
Experts reconstruct fair-market value, analyze rent reasonableness, quantify economic damages, and evaluate investment performance. This is common in partnership disputes, appraisal challenges, EB-5 matters, industrial asset valuations, and commercial lease controversies.
- Brokerage Standards and Fiduciary Duties
Many disputes require a professional explanation of what a competent broker, appraiser, or property manager should have done. Experts evaluate alleged failures to disclose, improper dual-agency practices, negligent due diligence, and misrepresentations in marketing materials.
- Property Condition and Maintenance
Condition-based cases—including construction defects, deferred maintenance, code violations, and post-tenancy damage—often rely on expert testimony. Experts explain what constitutes “ordinary wear and tear,” what obligations leases impose, and whether owners or tenants caused particular conditions.
- Investment and Transactional Issues
Complex transactions, especially those involving 1031 exchanges, private-equity real estate, or multi-tiered financing structures, frequently benefit from expert interpretation.
Professionals with broad interdisciplinary backgrounds—such as Jeffrey S. Rothbart, who combines legal, tax, and private-equity experience—are often selected for these matters because they can synthesize diverse technical concepts and present them coherently.