When Should You Retain a Real Estate Expert Witness?

A real estate agent made an error and this has resulted in damage to the client.

The question then is: “when should an Expert Witness be retained?

You will not be able to “prove” the case without them.

So, why not “as soon as possible”.

Prior to the Claim

In this way, the Expert Witness can offer suggestions and recommendations to the Lawyer proceeding with the claim.

A few matters which were overlooked or just missed have helped the case reach an early settlement or have influenced the Trial Judge.

The key to the lawsuit is to retain a good litigation lawyer. That’s not someone who practices real estate or even has any particular knowledge about real estate. They are litigators. That’s who you need to be successful in Court.

Once all the Documentation is in Place

This refers to all the pleadings and the Affidavits of Documents. At this point, the Expert may be able to assist with respect to various matters coming up for discovery, but naturally, that also means that those matters have been covered off in the pleadings. Otherwise, it may be difficult to add other issues once the limitation period has expired.

After Discoveries and Before the matter has been set down for Trial

Actually, this is the most common time period. All the paperwork has been completed, settlement negotiations have been exhausted and it’s likely the case is going to Trial. That may be fine for the Trial, but the client has lost the benefit of having an Expert Witness offer some guidance with respect to:

  • Pleadings
  • Discoveries
  • Settlement negotiations

So, basically: “the sooner the better” would be preferable in most cases.

Brian Madigan LL.B., Broker


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