How a Real Estate Expert Witness Helps in Litigation
Provided by HG.org
When dealing with a real estate property issue or contractual agreement between the buyer and seller, it is important to hire a real estate expert witness to assist with the entire litigation situation. These professionals are able to understand the confusing and complicated matters better than the average person to help increasing chances of success.
The primary use of a real estate expert is his or her services for these dealings. When it involves litigation, he expert supports the case through testimony. He or she investigates the problem fully and then may create a report or just compile the data until it is ready for the courtroom. The individual has a background in real estate either through agent, broker, administrative or legal services. Years are often spent in the field working with or for other real estate professionals. Through these experiences and years, the individual has greater capability to support the legal team in claims against the defendant.
Real Estate Expert Witnesses Explained
Some expert witnesses are property owners, investors or work for brokers. Others have sold real estate previously or have worked closely with an agent. Experience in the paperwork and financial aspects are necessary to fully understand how real estate transactions occur. Testifying for a lawyer due to violations or crimes against the buyer or seller is often necessary once hired for the case. The expert will investigate the matter to include surveying the property, checking over contractual agreements and analyzing financial data. If a fraudulent claim arises, these experts may unravel any confusing details for the lawyer, plaintiff and courtroom.
The Necessity of a Real Estate Expert
Expert witnesses hired for real estate matters have a variety of services they may perform for the claim. These may involve disputes between landlords and tenants, brokers, investments, join ventures and similar disputes. Conflict with leases and rent are also part of services rendered by an expert in real estate matters. If arbitration is necessary, an expert witness may advise one of the involved parties. Contract issues that arise could need clarity and the need of unraveling confusing terms and conditions. While it is best to have the presence of a lawyer when signing documents, an expert may examine the details and explain what the contract stipulates.
If the buyer or seller has complications that need expert assistance, these real estate professionals are available to perform various services. Resolution in conflict is crucial, and these experts have experience in knowledge in ending the arguments and resolving numerous matters. The role of a real estate expert witness may change based on the specific circumstances of the claim. It is important that he or she work well with the lawyer to ensure a greater chance of success in informing the courtroom about certain issues. If the defending party owes damages to the plaintiff, the expert may explain to the judge or jury why the victim of the incident should receive this monetary compensation.
Real Estate Situations Which Require Help
While disputes are often the most complicated and may require unraveling the issue, the contracts in real estate finalized sales may incur the most confusion. When the buyer or seller does not hire a lawyer to ensure there are no issues in the agreement paperwork, it is possible for inaccuracies and problems to arise. These documents may require the expertise and knowledge of an expert to analyze and assess for issues. Other situations involving the contract could include brokers or real estate agents that did not perform necessary duties for the buyer or seller. Then, litigation may occur for either party.
Assessing and surveying the property is of utmost importance before the contract processes to the final stages. The buyer must ensure there are no issues that require resolution. If an agreement was struck about who is responsible for certain issues, these details need inclusion in the contract paperwork. Other complications may arise if a verbal compromise is met but not placed within the documentation. It is imperative that all data supplied during the survey and other transactions exists somewhere.
Expert Testimony in Real Estate Litigation
The expert will need to testify about various issues between a buyer and seller or other parties. Through his or her explanation about the matter, it is possible that the confusion about the incident or conflict become clearer. Then, the judge or jury may deliberate with all the facts for a conclusion and resolution to the matter between both parties.
Read more on this legal issueExpert Witness: Legal Complications in Transfers of Ownership
Adding an Expert Witness to Your Litigation Support Team
Disclaimer: While every effort has been made to ensure the accuracy of this publication, it is not intended to provide legal advice as individual situations will differ and should be discussed with an expert and/or lawyer.