Larry Lowenthal is a real estate expert witness who is retained for lawsuits wherein real estate brokers in Florida and other states are charged with malpractice, failure to disclose, negligence, dishonesty, deceptive conduct, violations of law and the Realtor Code of Ethics.
Larry works for both plaintiffs and defendants, and testifies at depositions and trials. Larry is often retained as a consulting expert when testimony is not required. Parties involved in commission disputes will retain Larry to help determine a fair and just distribution of commissions if they were indeed earned.Here is a list of his cases -- and the issues -- beginning in 2003.
Historical list of cases and issues.
Larry testified at 6 trials and 23 depositions.With few exceptions, real estate brokers were named as defendants in the complaints. Issues include: obligation to disclose known latent defects, negligence, failure to meet the standard of care, malpractice, self-dealing, fraud, and false advertising. There are also procuring cause and commission disputes, some quite substantial.
45 of the 66 lawsuits are related to residential properties and transactions, 18 relate to commercial transactions or brokers, and 3 did not involve property or transactions (#23, 28, 65). Most complaints charge Realtors, some charge real estate brokers who are not Realtors, while a couple of cases have no licensees on either side. Many are classified as "Insurance Defense", and 12 are commission or fee disputes.
Larry has worked with dozens of law firms, including:
- Cole, Scott & Kissane
- Lichtfield Cavo
- Hoover Andrews
- Bush Ross
- Madison Mroz
- Padula Bennardo Levine
- Morgan & Morgan
- Smith, Gambrell & Russell
- Taylor Day
- Mierose & Lubliner
- Gray Robinson
- Warren R. Trazenfeld
Counties, States, Cases, and the Questions.
1. BROWARD -- Retained by Defendant's attorney (Insurance Defense)
$500K RESIDENTIAL TRANSACTION
The Question: Did Listing Realtor fail to disclose known but hidden material fact about termite damage in immaculate-appearing home?
Research and Opinion only, after which I withdrew.2. MIAMI-DADE -- Retained by Defendant
$900K COMMERCIAL TRANSACTION / Commission dispute
The Question: How much commission -- if any -- is owed another broker?
Research and consultation on commission dispute between commercial brokers.3. MIAMI-DADE -- Retained by Would-be buyer
FAILED $3M COMMERCIAL TRANSACTION
The Question: Did Realtor make false promises to buyer?
Research, opinion, consultation After Plaintiff was referred to attorney, parties settled.4. BROWARD -- Retained by Defendants' attorney (Insurance Defense)
SMALL RESIDENTIAL TRANSACTION
The Question: Did listing Realtor knowingly overstate living area of condominium?
Research, opinion, and consultation. Parties settled..5. MIAMI-DADE -- Retained by Developer/Plaintiff
REALTOR MALPRACTICE, RESIDENTIAL
The Question: Is Realtor in violation of FS 475 and Realtors' Code of Ethics by locating her office in a parking lot and using the trunk of her car to store books and records?
Research, opinion, consultation, and preparation of FREC complaint6. MIAMI-DADE Retained by Defendant
COMMERCIAL BROKERS' DISPUTE / Procuring Cause
The Question: Did Realtor interfere with another broker's listing?
Research, consultation, and preparation of questions for attorney.7. COLLIER -- Retained by Plaintiffs' attorney
FAILED $500K RESIDENTIAL LOT SALE
The Question: Did Realtor and Buyer conspire to defraud Sellers who cancelled closing because Sellers wanted to get a higher price?
Research and consultation, after which I withdrew.8. MIAMI-DADE -- Retained by Defendants' attorney (Insurance Defense)
FAILED $850K RESIDENTIAL NEGOTIATIONS
The Question: Did Realtor mislead Buyer by not disclosing existence of multiple offers?
Research, opinion, and consultation. Parties settled.9. UPSTATE FLORIDA-- Retained by Defendants' attorney
$60K RESIDENTIAL COMMISSION DISPUTE / Procuring Cause
The Question: Did Realtor earn a commission based on the listing contract's sale price when property was leased and not sold?
Research and verbal opinion.10. COLLIER -- Retained by Plaintiff's attorney
RESIDENTIAL PROPERTY
The Question: Was broker dishonest in the listing & selling of of a property by not disclosing a a conflict of interest? (Broker was partner
of seller.)
Research and opinion.11. BROWARD -- Retained by seller/defendant
FAILED RESIDENTIAL TRANSACTION
The Question: When Realtors were Buyers, were they negligent & unethical?
Research, opinion, prepared FREC, Board of Realtors complaints. Plaintiffs dropped suit.12. PALM BEACH -- Retained by Defendants' attorney (Insurance Defense)
$930K RESIDENTIAL INVESTMENT
The Question: Did Realtor know of and fail to disclose known material facts that were clearly visible to the buyers and their agent?
Research, opinion, consultation, deposition, prepare graphics. Court directed a verdict to dismiss and plaintiff later dropped his appeal.13. LEE COUNTY -- Retained by Plaintiffs' attorney)
FAILED $590K RESIDENTIAL TRANSACTION
The Question: Were listing agent & broker negligent when agent contracted to directly buy listing for his own account?
Research, affidavit, deposition. Parties settled before trial.14. BROWARD -- Retained by Plaintiffs' attorney
FAILED RESIDENTIAL NEGOTIATIONS
The Question: Was Listing Realtor honest and ethical in listing and selling a property to his own customer and stalling Plaintiff's higher offer?
Research, opinion, consultation, and deposition, after which I withdrew.15. OKEECHOBEE -- Retained by Defendant's attorney
FAILED $700k COMMERCIAL TRANSACTION
The Questions: Was Broker negligent in preparing and presenting a purchase-sale contract and in its supervision of the transaction? Did Seller default?
This complex matter involves cross claims.
Research, opinion, consultation, and deposition, after which I withdrew.16. MIAMI-DADE -- Retained by Defendant's attorney
$5.8M COMMERCIAL TRANSACTION
The Question: were the agents negligent in providing rental market research data for the buyer?
Research only, parties settled.17. MIAMI-DADE -- Retained by Plaintiffs' attorney
$800K RESIDENTIAL TRANSACTION
The Question: did broker knowingly fail to disclose known latent defects, including code violations, to buyer?
Research, opinion, consultation, deposition. Parties settled.18. ORANGE -- Retained by Plaintiffs' attorney.
$1.8M COMMERCIAL TRANSACTION
The Question: did agent neglect his statutory duties to buyer in a questionable transaction involving multiple assignments of a contract for
the purchase of vacant land?
Research, opinion, consultation, testimony at jury trial in circuit court, 9th district. Jury ruled that defendant was 80% responsible for loss.
19. COLLIER -- Retained by pro se plaintiff
SMALL RESIDENTIAL TRANSACTION
The Question: did seller and agent fail to disclose known hidden defects (water intrusion) that materially affected the value of the property?
Opinion, consultation, deposition, affidavit.20. WALTON -- Retained by Plaintiffs' attorney
FAILED $4M COMMERCIAL TRANSACTION
The Question: were the agent and firm negligent and/or deceptive as to the preparation of documents, and were they derelict in their duties owed to buyers in a transaction?
Research, affidavit, deposition. Parties settled21. PALM BEACH -- Retained by Defendant's attorney
$3.4M COMMERCIAL TRANSACTION / Procuring Cause dispute
The Questions: Which broker was procuring cause of the sale of a warehouse and due a commission? Did plaintiff fulfill a verbal contract with the seller regarding procuring a buyer, thus earning a $98,000 commission?
22. BROWARD -- Retained by Plaintiff's attorney
SMALL RESIDENTIAL TRANSACTION
The Question: did agent fail to disclose use of noxious Chinese drywall? Was agent required to investigate construction details?
Research & consultation, after which I withdrew.23. FEDERAL COURT -- Retained by Plaintiff's attorney
7-FIGURE WHISTLEBLOWER SUIT, NO TRANSACTION
(Middle District, Jacksonville) I addressed a small part of a case that did not involve a real estate transaction but did involve the Plaintiff's sideline persona as a real estate agent, in an issue raised by the Defendant as a strategy to get the case tossed.
The Question: are statements in Realtor's web site false?
Research, opinion, videotaped deposition. Defendant did not dispute my testimony on the subject and no longer relied on the earlier strategy.24. HILLSBOROUGH -- Retained by Defendants' attorneys (Insurance Defense)
$580K RESIDENTIAL TRANSACTION
The Question: did Realtors falsely advertise a property by failing to disclose in the MLS that a sinkhole was below the house?
Research only, parties settled.25. ORANGE -- Retained by Defendants' attorneys (Insurance Defense)
$3.5M RESIDENTIAL TRANSACTION
The Question: would a new home that required significant structural corrections be stigmatized and price-handicapped in the resale market?
Research, economic opinion, deposition. Parties settled.26. ST. JOHN'S -- Retained by Plaintiff's attorney
$955K RESIDENTIAL TRANSACTION
The Questions: did agents properly handle the issue of suspected construction defects in a house built on sand? Did their conduct contravene FS 475 & the Code of Ethics?
Research, consultation, and opinion. Settled at mediation hearing.27. MIAMI-DADE -- Retained by Plaintiff's attorney
FAILED $1.225M RESIDENTIAL TRANSACTION
The Question: did listing agent fail to meet obligations to seller as required by FS 475 and Realtors' Code of Ethics? (Mortgage fraud was a side issue.)Research and consultation, after which I withdrew.28. MICHIGAN -- Retained by Plaintiff's attorney
REALTOR ETHICS HEARING APPEAL
The Question: was the Realtor denied due process at and after the Ethics Hearing that found him in violation of the Realtor Code of Ethics?
Research and affidavit / opinion.29. ORANGE -- Retained by Defendant's attorney
$96K COMMERCIAL COMMISSION DISPUTE / Procuring cause
The Question: did Realtor earn a $96,000 commission based on the listed sale price when a commercial property was simply leased and not sold?
Research and consultation. Broker Plaintiff withdrew suit, parties settled.30. WEST VIRGINIA -- retained by Plaintiffs' attorney
TROUBLED $160K RESIDENTIAL TRANSACTION
The Questions: Did Realtor and seller fail to disclose a known latent defect to buyers? Did Realtor wrongfully sign (forge) owner's name to seller disclosure?
Research and consultation. Parties settled.31. PALM BEACH -- retained by Plaintiff's attorney.
$1.70M RESIDENTIAL TRANSACTION /Commission Dispute
The Questions: did cooperating Realtor agree to procure a buyer for $0 commission? Are verbal listings enforceable?
"Larry, good news - we won! Jury deliberated for all of ten minutes and awarded us the full $51k. Thanks for your help." JW, retaining attorney.32. ORANGE -- retained by Plaintiff's attorney
FAILED $3.4M RESIDENTIAL TRANSACTION
The Question: Did listing Realtors misrepresent the property in the MLS and did their conduct fail to meet the standards of care required by FS 475 and Realtor Code of Ethics?
Research, consultation, and opinion. Parties settled.33. BROWARD pre-suit, retained by pro se Plaintiff/attorney
FAILED $625K RESIDENTIAL TRANSACTION
The Questions: Did listing Realtor present a true picture of mortgage status, & did her conduct fail to meet the standards of care required by FS 475 & the Realtor Code of Ethics?
Research, consultation, and opinion. Parties settled.34.MIAMI-DADE -- retained by Plaintiff's attorney in legal malpractice suit.
TROUBLED $2.2M COMMERCIAL TRANSACTION
The Question: did agent fail to disclose a known latent defect about permitted uses to the party conducting due diligence for the buyer?
Consultation only, parties settled.35. NORTH DAKOTA -- retained by Defendant's attorney (Insurance Defense)
TROUBLED NEW RESIDENTIAL CONSTRUCTION: $400K Claim
The Question: Did dual-agent Realtor breach her fiduciary to the buyer by failing to disclose certain information about the seller? Was she required to disclose it? Did her conduct fall short of North Dakota RE licensing codes and the Realtor Code of Ethics?
Research, consultation, and opinion. Parties settled at mediation.
"Thank you sooo much for all your help on this file. I really think your opinion/report got this case settled..!! Your services were excellent."36. MIAMI-DADE -- retained by pro se Plaintiff/attorney.
FAILED $2.85M RESIDENTIAL TRANSACTION
The Question: Did sellers and listing broker fail to disclose known latent defects materially affecting value?
Research, consultation.37. PALM BEACH -- retained by Plaintiff/attorney.
TROUBLED $1.3M RESIDENTIAL TRANSACTION
The Question: Did Realtors treat sellers fairly and honestly by not disclosing certain facts about the transaction? Did they violate the Realtor Code of Ethics?
Research, consultation, report, after which I withdrew.38. ILLINOIS -- retained by Plaintiffs' attorney.
TROUBLED $1.25M RESIDENTIAL TRANSACTION
The Question: Did Realtors' conduct fall below the standard of care in the way they represented the buyers as single agents? Were requested and recommended inspections made? Did the agents use skill and care in their communications with the buyers?
Research, opinion, and deposition in Chicago. Settled.
"I bet your questions (for the opposing expert) saved our collective arses." Plaintiff39. MIAMI-DADE -- retained by Plaintiff''s attorney.
QUESTIONABLE $235K RESIDENTIAL TRANSACTIONS
The Question: Was Realtor deceptive when he did not disclose to buyer that he -- and not the bank -- was the real owner of two homes that he sold her?
"(Larry's) professional demeanor and plainspoken accessibility was critical in conveying our fact pattern to the jury."40. OHIO -- retained by Plaintiff's attorney.
TROUBLED $317K COMMERCIAL TRANSACTION
The Question: Did listing Realtor violate Ohio law and the Realtor Code of Ethics when he did not advise client to seek expert help in navigating the intricacies of a short sale?
Research, consultation, opinion, video deposition. Settled.41. MIAMI-DADE -- retained by Plaintiff's' attorney
TROUBLED $425K RESIDENTIAL TRANSACTION
The Question: Was Realtor negligent in handling transactions regarding the purchase and sale of a condominium unit when the Great Housing Bubble was bursting?
Research & consultation only.42. HERNANDO -- retained by Buyer Plaintiff's' attorney
TROUBLED $118K RESIDENTIAL TRANSACTION
The Question: Did seller and inspector fail to disclose known latent defects? Research, consultation, opinion. Settled.43. BREVARD -- retained by pro se Broker Plaintiff
$5M COMMERCIAL COMMISSION DISPUTE tied to Malpractice Claim
The Question: With an implied listing in place, did seller owe broker a net commission when $50M sale closed? The original dispute led to a malpractice suit and I was retained to establish the broker's underlying claim.
broker plaintiff after 14 years in court!
"We're all celebrating; put this one on your resume!" D.P., plaintiff's attorney after verdict..44. MIAMI-DADE -- retained by Buyer Defendant's attorney
$1.4M COMMERCIAL COMMISSION DISPUTE
The Question: Did buyer owe buyer's broker a commission when $35M+ sale closed on property, even though broker was not involved with the transaction?
Research, consultation, opinion. Parties settled.45. FEDERAL COURT -- retained by Defendant's attorney (Insurance Defense)
TROUBLED $800K+ RESIDENTIAL TRANSACTION
(Middle District, Orlando) The Questions: Did Realtor fail to disclose a known, latent, material fact about the property? Must a Realtor inspect listed properties to search for hidden defects? (Mold.)
Research, consultation, opinion. Settled at mediation.46. PINELLAS -- retained by Defendant's attorney (Insurance Defense)
TROUBLED $330K RESIDENTIAL TRANSACTION
The Question: Did Realtor fail to disclose known, latent, material facts about the property? What is Realtor's role at a walk-through? (Mold mostly.)
Research, consultation, opinion, deposition. Complaint dismissed after court determined that plaintiff submitted fraudulent evidence.47. ORANGE -- retained by Defendant's attorney (Insurance Defense)
FAILED COMMERCIAL TRANSACTION
The Question: Did broker violate Florida Statutes when he turned buyers over to an associate to handle negotiations for broker's personally-owned property?
Research, consultation, opinion, after which I withdrew.48. NEW MEXICO -- retained by Defendant's attorney (Insurance Defense)
TROUBLED $675K RESIDENTIAL TRANSACTION
The Question: Did Realtors fail to disclose known, latent, material defect? Did they conspire with seller to stay silent about mold infestation and defraud the buyers?
Research, consultation, opinion. Settled.49. PENNSYLVANIA -- retained by Plaintiff Buyer
TROUBLED $500K RESIDENTIAL TRANSACTION
The Question: Did Realtor fail to disclose known, latent, material facts about rampant wood rot and termite damage affecting the property?
Research, consultation, limited opinion.50. DUVAL -- retained by Plaintiff Buyer
TROUBLED $80K RESIDENTIAL TRANSACTION
The Questions: after oral purchase/sales agreement between immediate family members was reduced to writing in emails and the buyer began to perform, was the seller, who is a licensed Florida broker/Realtor, bound by the agreement? Or is it unenforceable?
Research, consultation, opinion.51. WEST VIRGINIA -- retained by Plaintiff's attorney
COLLATERAL DAMAGE AFTER COMMERCIAL TRANSACTION
The Question: Did the broker fail to correctly describe the landlord's land use restriction to a tenant/buyer during the negotiation of a sale when he marked up a site plan?
Research, consultation, opinion.52. ORANGE -- Found by attorney, retained by Plaintiff Buyers
TROUBLED $2.65M RESIDENTIAL TRANSACTION
The Question: Did Realtor fail to disclose known, latent, material construction defects in the property? Did the Realtor have actual knowledge?
53. MIAMI-DADE -- Found by attorney, retained by Plaintiff Buyers
FAILED $7.75M RESIDENTIAL TRANSACTION
The Questions: Did Realtor improperly interfere with a contract between the sellers and buyers of a luxury property? Was the contract fully executed?
Research, consultation, opinion, deposition. Settled.54. OKALOOSA -- Found by attorney, retained by Defendant Broker
$1M+ DAMAGES CLAIM
The Question: Did listing broker and its agents fail to meet the duties required of a Florida Transaction Broker when they marketed and sold homes at a single-family housing development just before the housing bubble burst? This complex matter involves cross claims.
Research, consultation, opinion. Settled in 2023 after 18 years!55. OHIO -- retained by Plaintiff buyers via attorney.
TROUBLED $165K RESIDENTIAL TRANSACTION
The Questions: Did listing agent and seller fail to disclose known but latent material information to buyers? Did buyers' agent breach his fiduciary duty to them?
Research, consultation. Settled.
56. ORANGE -- retained by Plaintiff broker via attorney.
$922K COMMERCIAL COMMISSION DISPUTE
The Question: The court ruled that the brokers earned a commission when $23M sale closed, but how much?
Research, consultation, opinion, deposition. Settled, $800K+.57. HILLSBOROUGH – retained by Plaintiff’s attorney
TROUBLED $290K RESIDENTIAL TRANSACTION
The Questions: Did sellers and agent fail to disclose known but hidden material defects in the property? Did the agent's conduct fall below the standard of care?
Research, consultation, opinion. Settled.58. ORANGE -- retained by Plaintiff's attorney
SIX-FIGURE INTERNAL COMMISSION DISPUTE
How much in commissions did brokerage owe to one of the founders after the other two founders froze him out?
Research, report, deposition, after which defendant settled.59. PALM BEACH -- retained by Defendant's attorney (Insurance Defense)
TROUBLED $342K RESIDENTIAL TRANSACTION
The Questions: were plaintiffs entitled to collect $35,000 from defendant broker to replace a roof that did not need replacing on a home that they did not own? And $105,000 in punitive damages for no apparent reason?
Research, consultation, settled.60. TENNESSEE -- retained by pro se Plaintiff /attorney
TROUBLED $610K RESIDENTIAL TRANSACTION
The Questions: Did agent fail to disclose known but latent material information about the transaction and the property? Did the agent mislead the buyers about the property condition? Did the agent's conduct fall below the standard of care? Was her broker required to supervise her conduct?
Research, consultation, opinion, deposition.61. BROWARD -- retained by Defendant's attorney (Insurance Defense)
TROUBLED $1.675M RESIDENTIAL TRANSACTION
The Question: Is Realtor in violation of Florida statute 475 and the Realtor Code of Ethics for failing to disclose a latent material fact? Did the Realtor have actual knowledge of the fact?
Research, consultation, opinion, deposition. Settled.62. ORANGE -- retained by Plaintiff's attorney
$115K COMMERCIAL COMMISSION DISPUTE
The Question: Does property owner owe a commission to brokers after cooperating broker's customer leased the property instead of buying it?
And if so, how much?
Research, consultation, opinion. Settled.63. MONROE -- Retained by Defendant's attorney (Insurance defense)
TROUBLED $3.2M RESIDENTIAL TRANSACTION
The Questions: Is listing agent responsible if her spouse publishes derogatory remarks about the subject property on the Internet? Does a transaction broker owe a fiduciary to the seller?
Research and consultation. Settled.64. HILLSBOROUGH – retained by Plaintiff’ seller via attorney.
TROUBLED $337K RESIDENTIAL TRANSACTION
The Question: Did listing agent's conduct fall below the standard of care?
Research, consultation, deposition. Settled.65. FEDERAL COURT retained by Plaintiff via attorney.
$855K+ FEE DISPUTE
(Southern District, Miami)
The Questions: When a broker licensed in another state simply introduces a qualified capital source to a Florida developer -- thereby fulfilling the terms of a Finders' Fee Contract -- is it performing a real estate brokerage service as defined in Florida Statute 475? Much later, after closing a deal with the capital source, can the developer freely deny payment of a finder's fee because the finder is not licensed as a real estate broker in Florida?
Research, consultation, opinion.66. MIAMI-DADE -- retained by Plaintiff's attorney
$2.5M RESIDENTIAL TRANSACTION, $150K Commission Dispute
The Questions: Is a broker entitled to collect the listing commission if seller agrees to buyer's request to cancel a fully-executed contract? If so, when is payment due?
Research, consultation, opinion.
Not Shown: real estate issues that did not involve lawsuits.
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