Brokerage Disputes Real Estate Witness

Disputes filed against brokers, and their agents, is unfortunately common in the real estate Industry, especially when the broker or agent is representing both parties in the same transaction, i. e., “dual representation”.  In dual representation, the broker/agent must insure that neither party has an advantage over the other and that they are treated equally as it pertains to all aspects of the pending transactions.  Brokers/agents have more liability in a dual representation, thus their code of conduct must be in strict compliance with Industry customs, practices and professional ethics.  Sole representation (representing either the buyer or seller) inherently carries less liability; however, both types of representation by the broker/agent are subject to possible litigation when the deals “goes south” or it turns out to be a poor investment after closing.  The common theme appears to be —  “When in doubt, blame the broker or the agent”.

Mr. Ryan has been retained as a real estate expert witness in several broker/agent cases, representing both the broker/agent as well as the opposing party.  These cases involved such issues as (i) broker/agent standard of care, customs and practices in the Industry, (ii) broker/agent violations and misconduct, (iii) loss of profits due to broker/agent misconduct, (iv) broker/agent conflict of interests and non-compliance with fiduciary duties concerning dual representation and (v) broker/agent loss of income due to an accident.

Mr. Ryan is a licensed California Broker and has sold over $350,000,000 worth of real estate since 2003.

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