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Here is a list of issues and questions addressed by Larry Lowenthal, 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.  Depending upon the facts and the law, Larry works for both plaintiffs and defendants, and testifies at depositions and trials.  Larry is often retained as a consulting witness.

Case list as of Spring, 2017
Larry testified as an expert witness at 12 depositions and 4 trials

With rare exception, real estate brokers were named in the complaints.  Issues raised include:  obligation to disclose latent defects, negligence, failure to meet standard of care, malpractice, procuring cause (commission dispute), tortuous interference, self-dealing, fraud, and false advertising. 

26 of the 40 lawsuits are related to residential properties and transactions, 12 relate to commercial transactions or brokers, and 2 did not involve property or transactions (#23, #28).  Most name Realtors, some name real estate brokers who are not Realtors, while a couple of cases have no licensees on either side.  Many are classified as "Insurance Defense".

                    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 material fact about termite damage?
Research and Opinion only, after which I withdrew.

2. MIAMI-DADE -- Retained by Defendant                
$900K COMMERCIAL TRANSACTION / Procuring Cause / 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 Plaintiff                    
FAILED $3M COMMERCIAL TRANSACTION   
The Question:  Did Realtor deceive buyer with false promises?
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 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?
Research, opinion, consultation, and preparation of FREC complaint

6. MIAMI-DADE  Retained by Defendant             
COMMERCIAL BROKERS' DISPUTE / Procuring Cause / Commission dispute
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. 

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. UPSTATE FLORIDA --  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 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 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.

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? (Countersuit)
Research, opinion, consultation, and deposition.

16. MIAMI-DADE -- Retained by Defendant's attorney     
$5.8M COMMERCIAL TRANSACTION
The Question:  were the agents negligent in providing market research data?
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 found 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 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 settled.                               

21. PALM BEACH -- Retained by Defendant's attorney     
$3.4M COMMERCIAL TRANSACTION / Procuring Cause / Commission 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?
Research, opinion, deposition, and testimony at bench trial in circuit court, 15th district.  Upon conclusion, the Court ruled for defendant.

22. BROWARD --  Retained by Plaintiff's attorney         
SMALL RESIDENTIAL TRANSACTION

The Question:  did agent fail to disclose hidden defects and 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
(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 certain statements in Realtor's web site false?
Research, opinion, videotaped deposition.  Defendant did not dispute my testimony on the subject and no longer relies 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 luxury 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 DEAL
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.

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?  (Not yet a law suit.)
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 latent defect to buyers?  Did Realtor wrongfully sign 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 at law?
Research, consultation, opinion, deposition, testimony at jury trial.  Upon conclusion, the jury deliberated briefly before awarding the plaintiff full damages.

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 Question:  Did listing Realtor present a true picture of the mortgage status, and 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        
TROUBLED $2.2M COMMERCIAL TRANSACTION

The Question:  did agent fail to disclose a 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.

36. MIAMI-DADE -- retained by pro se Plaintiff/attorney.     
FAILED $2.85M RESIDENTIAL TRANSACTION

The Question:  Did sellers and listing broker fail to disclose latent defects that materially affect the value of the property?
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.

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.

39. 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 secretly the real owner of two homes that he sold her?
Research, consultation,
testimony at jury trial.  Jury found Realtor guilty of deceptive conduct in the course of the transaction.

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, pre-meditation opinion.
 

 Not Shown: real estate issues that do not involve lawsuits.
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                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.

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