Expert Witness | Real Estate Articles & Blog

Category Archives: Expert Witness

Agency: Biggest consumer problem in real estate

By Don Dunning | January 24, 2014

As a Bay Area and East Bay real estate expert witness, I continually see specifics of how agents fail their clients. I have written many articles about agency because it is the most important function of a real estate licensee. Unfortunately, few buyers and sellers understand what an agent should do for them and too many licensees are not clear about agency.

Clients, usually buyers, generally find this out when it is too late and it has cost them money and heartache. This has not changed in my 34-plus years in the business.

Sellers: Your agent could land you in court

By Don Dunning | May 19, 2013

Earlier this year, I counseled buyers and sellers against contracts without contingencies in an article called “Contingency-free Contracts Can Be Dangerous”. Several weeks later I read an article by a licensee that advocated what I had warned against, but did not mention the substantial risks involved with these practices.

This led me to consider a different approach — to appeal directly to sellers and help them see how their agent can get them into really hot water.

Trials and tribulations of a real estate expert witness

By Don Dunning | September 21, 2012

Being a Bay Area real estate expert witness can sometimes be fun, like the time I testified in court with a giant blow-up of one of my newspaper articles in front of the jury. Mostly, however, it is a stressful assignment that only a handful of real estate licensees choose to experience.

As an expert witness, I volunteer to be verbally accosted by opposing attorneys. In their zealous attempt to discredit my opinions and testimony, many lawyers on the other side of my cases seem to want to chew and spit out my larynx.

Aside from the jousting at depositions, arbitrations and court, other issues add to the difficulties of doing expert witness work.

Realtors deserve common courtesy

By Don Dunning | July 17, 2011

Sometimes, the idea for an article comes from unexpected places. I just received a phone call from a veteran agent who I have known in real estate for over 25 years. She asked if I would write about how poorly people sometimes treat those of us in the business and how we deserve better. What follows is my response to her request.

Report from Realtors Meeting

By Don Dunning | June 4, 2009

Day two in Sacramento for California Association of Realtors state directors. Yesterday, 1500 of us went to the Capitol to express our dissatisfaction with certain bills. Many meetings today. Short sales, REOs and foreclosure process, including new laws, discussed in detail. The public doesn’t realize that many licensees handling distressed propereties are not fully versed […]

From the Eyes of an Expert Witness

By Don Dunning | March 9, 2009

As a Northern California real estate expert witness, by the time I get involved with a case, many people are upset and it has already cost big bucks for both the plaintiff and defendant. My opinion and testimony commonly involves the agents’ standard of care and adequate disclosure, along with other issues. Over the years, I have noted specific problems that come up repeatedly.

Amazing Expertise in Expert Witness Group

By Don Dunning | January 15, 2009

For many years, I have been a member of two “expert witness” groups. Participants are all experts in their fields and are called upon by attorneys to help in litigations. Membership in one of my groups is made up of only real estate experts. Last night, I attended the monthly meeting of the other — […]