Are you dealing with some real estate disputes? Sometimes, winning and losing a real estate lawsuit depends on these expert witnesses. We often overlook this aspect, but they play a crucial role in our win. The qualified witness expert’s testimony can make a huge difference in your case.
Introduction to Real Estate Expert Witnesses
An expert witness is someone who is qualified by education, training, skill, and experience to express an opinion on matters of fact. They have professional experience relevant to complex legal cases. A real estate expert witness has experience in the real estate industry and can provide testimony or evidence to a court. The qualifications for a real estate expert witness vary.
For example, an expert witness in real estate may provide testimony about real estate interests, transaction analysis, or property value. They typically rely on their expertise in a given field to help explain and enlighten the jury about essential issues.
The essential qualifications of an expert witness in property law are:
- A degree in law from a recognized university
- Appropriate experience in the field of the testimony
- Expertise in the field of the testimony
Types of Cases in which a Real Estate Expert Witness Qualifies as an Expert
There are three types of cases where a real estate expert witness qualifies as an expert:
- Cases where the defendant is accused of fraud, misrepresentation, or negligence in connection with the sale or purchase of the property
- Cases where the defendant is charged with mishandling property that belongs to another person
- Cases where there are disputes about ownership, boundaries, encroachments, easements, and rights-of-way
How Do I Find Qualified Real Estate Expert Witnesses?
You must review the primary sources and secondary sources to find a list of expert witnesses. Two primary sources to check are of-way agreements and the California Real Estate Broker’s Rules of Conduct.
California Real Estate Broker’s Rules of Conduct
The California Real Estate Broker’s Rules of Conduct is a primary source because it mandates the qualifications for expert witnesses. It states that an expert witness must be an “unbiased” attorney who has completed legal education. The total years of practice required by the law govern their training in a state or federal court for five years. They should have been admitted to practice in that state or federal court for five years.Â
Off-way Agreements
The of-way agreements are a primary source because they mandate the qualifications for expert witnesses. They further mandate the qualifications for an expert witness’s report and the format of their report. They also dictate what information should be on documents, such as withdrawal papers and notices, which come into play during this case.
Primary skills that are necessary for being a real estate expert witness:
- Knowledge of the law in the area of the property
- Knowledge of the principles and practices in the field of real estate law
- Ability to communicate effectively with all parties involved in a property transaction
- Ability to prepare accurate reports and presentations for use in court
- Knowledge of the real estate market as a whole and how it operates
How do I become a Real Estate Expert Witness?
The qualification process for becoming a real estate expert witness can vary by jurisdiction. For example, in California and a few other states, you must be licensed as an appraiser to qualify as an expert witness. In other jurisdictions, you may not need formal qualifications to be an expert witness.Â
For example, in Texas and some other states, you may qualify if you have been involved in real estate transactions for at least five years and know the market in which the property is located.Â
Final Words
When your case is drawing in the direction of losing, consider hiring a real estate expert witness to turn the tables around. They can help you minimize the risks and help you win even the most complicated cases.
