Home More About Larry Cases & Issues Ethics & the Law Larry's CV Articles & Columns Testimonials Fee schedule

Larry Lowenthal is a Real Estate Expert Witness based in Florida who is retained when a real estate broker's conduct and professional ethics are an issue in civil litigation.  Larry, who earned a Florida Real Estate Broker license over thirty years ago, is typically retained to address matters involving Failure to Disclose latent defects, Standard of Care, the Realtor Code of Ethics,  determining Procuring Cause (which broker earned the cooperating commission?), Real Estate Broker Negligence, Real Estate Commission Disputes between brokers and sellers, and Real Estate Broker or agent Malpractice, which may include dishonesty, forgery, and conversion or misuse of funds.  Larry was a Realtor from 1990 to 2017.

"His knowledge, coupled with his courtroom presence,
makes Mr. Lowenthal a real threat to the other side."
 
                                                       S.P., retaining defense attorney

Insurance Defense attorneys typically retain Larry when their broker clients are unfairly charged, while plaintiff's attorneys and principals retain him when pursuing real estate brokers guilty of improper conduct.

Since 2003, Larry has helped plaintiffs and defendants in roughly equal numbers. It must be noted that Larry turns away about half of all prospective cases for lack of substance or evidence, or because the facts or law or Code of Ethics do not favor the inquiring party. 

In addition to Florida, Larry has been retained to help more distant clients involving transactions in Georgia, West Virginia, Michigan, North Dakota, Illinois, Ohio, and Hawaii.
 

As a real estate expert witness, Larry can help   
clients determine answers to these questions:

Was the real estate broker's conduct ethical? 
Or dishonest?  Did it meet the standard of care?

Did the conduct conform to that required by Florida Statutes
475 and 61j ? 
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?

"I not only found Mr. Lowenthal to be extremely knowledgeable about all areas pertaining to our matter, but his professional demeanor and plainspoken accessibility was critical in conveying our fact pattern to the jury."
                
D.P., retaining plaintiff's attorney


Here is a list of typical complaints analyzed by Larry. 

"The real estate broker...

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

  • Failed to present an offer

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

  • Created false advertising

  • Was unfair and dishonest (broker malpractice)

  • Was negligent (not diligent or careful)

  • Breached a statutory, professional, or contractually-created duty

  • Provided property opinions outside area of professional expertise

  • Accepted undisclosed kickbacks, commissions, or finder's fees

  • Did not use skill or care in the course of the transaction

  • Failed to disclose a private relationship with buyer or seller

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

  • Failed to account and deliver funds

  • Forged a signature on a sales contract or other legal document

  • Shared in illicit proceeds

  • Did (or did not) earn the commission (aka procuring cause)

Here's how Larry helps.  He can

  • Offer a private, undiscoverable, pre-trial opinion as a consulting expert. 

  • Test your theory of the case.  Maybe the parties should settle?

  • Inform you about the nature of undiscovered evidence that can strengthen your case.

  • Create probing questions for you to use at depositions and trial.

  • Evaluate opposing counsel's strategies, claims, and charges.

  • Help prepare for depositions and trial -- even create graphics.

  • Present the crucial facts in a friendly, understandable, and convincing manner to judges and juries.

  • Determine if a commission was earned and who gets just how much.

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


Larry addressing the Broward County Commission
after receiving an award for his public service work.
 

                                                                   TOP
 

                            Telephone (352) 372-2135      E-mail: Larry@RealWitness.com    
                             Mailing Address:
 
5000 SW 25th Boulevard, #3103, Gainesville, Florida 32608
                            (Larry, formerly of Broward County...is now surrounded by Gators!)

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

                                    Contents 2005-2017  Larry Lowenthal.  All rights reserved.