Home Larry's CV Realtor Ethics & The Law Articles & Columns Clients & Sample Cases Testimonials Expert rate schedule

When a real estate broker's conduct becomes an important issue in civil litigation, attorneys and clients often turn to Larry Lowenthal, who has had a Florida Real Estate Broker-Sales' license for over thirty years, for his expert opinion. 

Typical plaintiff charges address Standard of Care, Failure to Disclose latent defects, Procuring Cause, Real Estate Broker Negligence and Malpractice, Real Estate transaction Malpractice, and Breaches of professional Ethics.

Larry is a Florida Realtor, expert witness, and litigation consultant who has reviewed hundreds of complaints in depth for the Board of Realtors.  He was retained as an expert dozens of times and testified at several depositions and trials.  Locations of attorneys, plaintiffs and defendants ranged from the  Panhandle to Jacksonville, Orlando, Tampa, Naples, Marco Island, Stuart, Boca Raton, Fort Lauderdale, and Miami.

Larry is also very familiar with Florida Statute 475 regarding the duties of real estate brokers and agents towards their clients, customers, and the public.  Typically, these issues address fairness, honesty, care, and diligence in the performance of actions.

Larry, who earned his Florida real estate broker's license in the late ''70s, is experienced in the day-to-day business and intricacies of real estate transactions, and can relate to the emotions that can affect the conduct of the parties and their brokers.  

A low-key professional, Larry is adept at reducing the myriad facts of a complex transaction to its simple core elements ("What really happened here?" or "Who was procuring cause?"), then communicating that simpler explanation to both retaining counsel and jurors so they, too, will understand what happened.  A skilled presenter with decades of commercial writing experience, Larry taught a continuing education course, "Business Writing," for five years at Broward College.

Larry can

1. Inform an attorney about the nature of evidence yet-undiscovered that can strengthen the case.
2. Create probing questions for retaining counsel to use at depositions and trial.
3. Evaluate opposing counsel's strategies, claims, and charges.
4. Evaluate retaining counsel's strategies, claims, and charges -- the theory of the case.  (Maybe the parties should settle.)
5. Help prepare for depositions and trial -- even create graphic exhibits.
6. Offer a private, undiscoverable, pre-trial opinion as a consulting expert.
7. Present the crucial facts in a friendly, understandable way to juries.

Typical complaints against brokers and agents

bullet

Failed to disclose latent defects or hidden facts about the property or the transaction -- facts which materially and negatively affected value.

bullet

Failed to present an offer

bullet

Made false statements about a property or a party to a transaction

bullet

Created false advertising

bullet

Broker was unfair and dishonest

bullet

Broker was negligent (not diligent)

bullet

Breached a statutory, professional, or contractually-created duty

bullet

Delivered property opinions outside area of professional expertise

bullet

Accepted undisclosed kickbacks, commissions, or finder's fees

bullet

Broker did not use skill or care in the transaction

bullet

Failed to disclose a private relationship with buyer or seller

bullet

Conspired with mortgage broker, closing agent, or appraiser to defraud lender

bullet

Failed to account and deliver

bullet

Forged a signature on a sales contract or other legal document

bullet

Shared in illicit proceeds

bullet

Did not earn the commission (procuring cause)

You need a real estate expert witness if  
you don't have the answers to these questions:

Was the real estate broker's conduct ethical? 

Or dishonest?  Did it meet the standard of care?

Was it within Florida Statue 475 law?  Was it malpractice?  Negligence?

Did the real estate broker fail to disclose latent defects? 
(Was the broker even required to disclose the information?)

Or is the Realtor being unjustly accused?

How sound is my theory of the case?

"Please contact me with your question.  I will respond quickly and honestly."

 

Telephone (954) 437-2133    E-mail: Larry@RealWitness.com      VCard

Mailing Address: 
11565 N. Quayside Drive, Cooper City, Florida 33026
(In Broward County, southwest of Fort Lauderdale and northwest of Miami)

Working with Defendants, Plaintiffs, and their Attorneys since 2003.

Contents © 2005-2012  Larry Lowenthal.  All rights reserved.