Larry Lowenthal is
a Real Estate
Expert Witness and Realtor 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
Negligence, Commission Disputes between brokers and sellers, and Broker Malpractice, which
may include dishonesty, forgery, and conversion of funds.
Since 2003, Larry has helped plaintiffs and defendants in
roughly equal numbers. However, 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
also been retained to help clients with troubled transactions in Georgia, West Virginia,
Michigan, North Dakota, and Hawaii.
a real estate expert witness, Larry can help
clients determine answers to these questions:
the real estate broker's conduct ethical?
Did it meet the standard of care?
Did the conduct conform to that
required by Florida Statutes
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?)
the Realtor being unjustly accused?
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
Was negligent (not diligent
Breached a statutory, professional, or
Provided property opinions outside area of
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
Forged a signature on a sales contract or
other legal document
Shared in illicit proceeds
(or did not) earn the commission (aka
Larry helps. He can
Offer a private, undiscoverable, pre-trial opinion as a consulting
Test your theory of the case. Maybe the parties should
attorney about the nature of undiscovered evidence that can strengthen the case.
Create probing questions for
retaining counsel 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 way to
judges and juries.
"Please contact me
with your question. I will respond quickly and honestly."