An Expert Witness in real estate plays a critical role in legal or regulatory proceedings by offering specialized knowledge, opinions, and analyses that help the court or other decision-makers understand complex real estate issues. Here’s a breakdown of their main roles:
1. Provide Expert Opinion
- They offer an objective, professional opinion based on their expertise in real estate—this may include valuation, zoning, development, construction, brokerage, or property management.
- Opinions must be based on facts, experience, and industry standards, not speculation.
2. Assist the Court or Tribunal
- Help judges, juries, or arbitrators understand technical real estate concepts, such as market value, easements, lease terms, or investment returns.
- They translate complex information into understandable terms for non-experts.
3. Analyze Evidence and Provide Reports
- Conduct analysis of:
- Market data and trends
- Comparable property sales
- Property condition and compliance
- Lease agreements and financial statements
- They often prepare written reports detailing their findings and reasoning, which may be submitted as evidence.
4. Testify in Legal Proceedings
- They may be called to testify in court, arbitration, or depositions.
- Their testimony supports one party’s case by explaining:
- Why a property is worth a certain amount
- Whether a broker or appraiser met professional standards
- If a development project is feasible or code-compliant
5. Maintain Impartiality and Credibility
- They are not advocates for one side, even if hired by a party.
- Their role is to provide truthful, unbiased insights based on their professional knowledge and experience.
Common Areas of Involvement
- Property valuation disputes
- Breach of contract or negligence claims
- Zoning and land use cases
- Foreclosure and bankruptcy
- Construction defects or delays
- Brokerage disputes (e.g., commission or fiduciary duty)
- Agents falling below the expected standard of care
Brian Madigan LL.B., Broker