Real Estate Consulting and Expert Witness Testimony

Real Estate Expert Witness Testimony


Consulting Including Litigation Support

Engagements

Please review previous engagements. If your company has a real estate problem, chances are good that we have addressed and solved a similar problem, so call (708) 657-4264 for a free consultation.

Litigation Support

  • Research, deposition, and courtroom testimony for cases described under specific topics of Appraisal, Appraisal Review, Assessment, Brokerage, Contract, Environmental, Lost Earnings/Profits, and Market Analysis.

Appraisal

  • Retail, industrial, office, and land.
  • A utility and an internationally renowned domed stadium.
  • One of the largest real estate portfolios in the United States.
  • Trading floor of the Chicago Mercantile Exchange.
  • An industrial facility and a church activities building in Lubbock, Texas.
  • Gasoline pipeline construction at a sensitive body of water in El Paso, Texas.
  • Assisted in negotiating price of multiple waterway crossings by cable, natural gas, and oil companies in El Paso.
  • Appraised major land portfolio in Palm Springs, CA.
  • Appraised important office building in Irvine, CA.

Appraisal Review

  • Approximately 100 reviews of appraisals on properties throughout the United States, including public utilities, hotels, apartments, land, offices, and shopping centers and malls.
  • Referee for appraisals of lease renewals by Exxon, Inc.
  • Exposed unprofessional practices of other appraisal “professionals.”
  • Reviewed appraisals by a major firm in litigation by FDIC.
  • Reviewed portfolio appraisals for retailers in bankruptcy.

Assessment

  • Provided professional assistance in successfully challenging the assessed tax valuations on land, industrial property, and apartments.
  • Contrasted accounting for inventory with inventory valuation for a major manufacturer, a parts re-seller, and three large national retailers.

Brokerage

  • Prepared report on fiduciary obligation of broker to client for selling land at residential price subject to commercial rezoning.
  • Provided reports on lost earnings from injured real estate brokers.

Contract

  • Testified as to a city’s obligation to purchase a utility subject to financing provisions.

Course Development

  • Appraisal case course for the American Society of Appraisers.
  • Real estate fundamentals course for a Big Four accounting firm to offer to its real estate industry specialists.
  • Real Estate Investment course for American Institute of CPAs.

Damages

  • Caused by flood of major office building.
  • Caused by contract to build 1,000 housing units withdrawn.

Environmental

  • Conducted preliminary investigations as to asbestos awareness within office buildings.
  • Determined stigma associated with proximity to landfills.
  • Provided research and testimony on behalf of a major oil company concerning gasoline leak migration to shopping center.

Finance

  • Reviewed portfolios of major institutional real estate investors.
  • Estimated damages due to disregard of loan commitments on the World Financial Center, a trophy office building in New York, known worldwide.
  • Performed cash equivalent analysis for major hotel in California at above-market price and below-market municipal revenue bond financing.
  • Provided testimony concerning financing available for shopping center in Louisiana.

Land Use

  • Demonstrated for a city how 17,000 acres of land within a major airport would have been developed if not for the airport.
  • Report on value and use of property subject to partial condemnation.

Lost Earnings/Profits

  • Estimated present value of lost earnings due to personal injury.
  • Estimated present value of lost profits of retail businesses due to street construction in the Dallas Central Business District.
  • Estimated lost profits to apartment rehabilitator in lender liability dispute.
  • Report on value of services in zoning and annexation efforts.

Market Analysis

  • Performed market analysis of six apartment complexes in Dallas area for a major REIT.
  • Performed market analysis of planned unit developments in Fort Worth and San Antonio.
  • Performed market analysis of an office building in the Houston Central Business District.

Misappropriation of Investment Funds

  • Research and report on the syndication of the Madison, a landmark New York office building, by Prudential Bache.
  • Research and report on certain land flips in Texas under litigation by RTC.

Taxation

  • As subcontractor of a HUD grant to a major university to understand residential leaseholds, conducted extensive research that resulted in the introduction of a tax bill by Senator Inouye of Hawaii.
  • Co-authored the unique Dictionary of Tax Terms and Barron’s Guide to Tax Terms, published by Barron’s Educational Series.
  • Analyzed umbrella REIT taxation of basis carryover, services provided, and retention of REIT status in case involving enterprise value of regional mall.

Teaching

  • Taught two courses for the World Bank in Russia; for the American Society of Appraisers in Slovenia; and in various U.S. cities.
  • Taught two courses as adjunct professor, Southern Methodist University.
  • Featured as speaker for graduates of University of Minnesota–St. Cloud.

Terminology

  • Applied definition of the term redevelopment from co-authored dictionary to lease application.

Writing

  • Prepared new editions of nine books in five years, including three business-section best sellers.
  • Added six new titles in five years.

Zoning

  • Report concerning highest and best use of property down-zoning from apartments to single family.