expert witness: More lawsuits against agents from a real estate expert - 03/10/10 05:19 AM
In my real estate work in San Jose area,  I continue to get called as an real estate expert witness when agents get sued.  You might wonder what an expert does.  In most cases, the buyer sues the seller and some times the listing agent, accusing them of not disclosing something.  They may or may not sue their agent.  But,  the Seller and listing agent usually cross-file against the Buyer's agent because they had the fiduicary duty to help and warn the buyer about issues.
Frankly, it is sometimes hard to defend the Buyer's agent because too many operate from the … (5 comments)

expert witness: Why agents should help their clients with Loan Mods. - 02/20/10 12:36 AM
An agent asked me the other day,  how we were having so much success in Short Sales.  It is very simple.  We decided to give back.  Several months ago my partner,  Charles,  and I knew several people who were struggling with a Loan Mod.   Each one had been turned down or given a run around by their lender.  When we talked with them,  we found out that most of them had no clue how to help themselves through the process.  This was also about the time when a series of slime balls lawyers and real estate agents were taking  up to … (4 comments)

expert witness: Are non-refundable deposits enforceable? Ask an Expert Witness - 02/12/10 08:26 AM
As as a person who serves as an expert witness in real estate litigaiton cases,  I am always excited when a real case finding agrees with what I believe myself.  In this case,  are non-refundable deposits on residential property in California.  CAR has published the informatin on the case.  The buyer did not close but the court found that the Seller couldn't keep the deposit.  My guess is that the agent,  or whomever wrote the contract,  will probably get sued.  For more information,  check out my website.  See below
 
 
(31 comments)

expert witness: What is an agent supposed to do about Permit issues? An expert's opinion. - 12/14/09 08:40 AM
There is always a question about what does an agent have to do regarding disclosing permit issues.  If you are in a market with older homes,  you can be pretty sure that there is much remodeling been done ..... much of it done WITHOUT a permit.   California and several other states have used their lobbying clout to get a law passed where the agent is not legally required to go off-site to investigate the status of permits.
Agents will argue that they have no responsibility anyway because they are not contractors; how would they know about permits.  If you believe that,  … (1 comments)

expert witness: The New CAR Purchase Agreement changes - Expert - 12/14/09 05:38 AM
 

If you are a California agent,  you should know that CAR is going to be changing the residential purchase agreement (RPA) in April.  Advance copies (subject to change) show that there are several minor changes that you need to understand. If you don't,  you might meet me personally during the lawsuit when I get hired as an expert witness.
 
There is new language for the Buyer to understand that the Pest Control paragraph is a contingency.  Since the property is sold AS IS,  too many agents don't realize that the buyer has a right to investigate anything under … (0 comments)

expert witness: Just got another lawsuit as an expert witness - Agent's screwed up bigtime! - 11/14/09 03:25 PM
Imagine this.  The client (relatively unsophisticated) owns a little renthouse.  It goes up in value and down in basis because of depreciation. Their accountant tells them it is not doing them much good and that maybe they should consider trading up.  They contact their agent who sold them the house.  The agent convinces them that real estate is where all the action is.  He convinces them to take $500K out of their house (yes,  we are in California) and they put it and the proceeds from the rent house down on a large commercial building in Mississippi.  No reason to grown.  … (11 comments)

expert witness: What happens when you get the wrong attorney by an Expert Witness - 11/14/09 09:54 AM
If you got my last blog where I talked about how to find the right attorney, I realized I did not tell you what happens when you get the wrong attorney.  Let me give you a few examples.
I have been on cases where buyers are suing the seller but their attorney doesn't advise them to also sue their own agents.  Ouch,  you might say but remember,  you have E/O insurance.  You will probably get sued anyway by the Seller,  so step up.  Often,  the buyers agent, because of their fiduciary duty,  has much of the liability when it comes to … (3 comments)

expert witness: Don't let your client go to the wrong attorey - Expert Witness - 11/14/09 09:23 AM
If you have read my past blogs,  you know that I am a frequent expert witness in cases where real estate agents get sued. I am either hired by the Buyer, the Seller,  the Listing agent or the Buyer's agent to testify as to whether the agents met their "standard of care" during the transaction.
Too often,  the buyer or seller has chosen the wrong attorney.  I probably should say they are not qualified,   because they have a law degree but think about it ...............just because your California real estate license allows you to sell homes, apartment houses,  development project,  … (1 comments)

expert witness: Have you ever done something that you know is going to upset you, but you do it anyway - 09/04/09 05:56 AM
Let me start off this story by saying that I am one of the small group of people who like attorneys.  I like the way they think and really enjoy being around them.  Yes,  I know that makes me weird but as the saying goes .... the Truth shall set you free.
In my practice of real estate and expert witness, I see lots of people with problems and all kinds of litigation issues.  My upset is that there is little if any justice.  The real world is not like TV lawyers shows.  The bad guy does not always lose and … (6 comments)

expert witness: Would you like to help the public?? and me?? - 08/31/09 10:22 AM
If you read my blog a couple of posts back,  you will see an article.  Actually what it is,  is the first chapter in a book I am writing with the idea of helping the consumer to avoid getting ripped off by really bad agents.
It is a protection book on buying and selling homes.  In my classes I teach at various colleges and my work as an expert witness in litigation cases,  it is amazing to me how little the public knows about how to find a good agent and the red flags that should alert them to bad agents … (2 comments)

expert witness: I need your help!! - 08/31/09 07:21 AM
I am in the midst of writing a consumer protection book on buying and selling homes.  In my classes I teach at various colleges and my work as an expert witness in litigation cases,  it is amazing to me how little the public knows about how to find a good agent and the red flags that should alert them to bad agents ...... and unfortunately,  we have too many.  My whole thrust is to have buyers and sellers learn how to spot the integrious and competent agents,  and there are many of those.
Here's how you can help.   As I teach … (2 comments)

expert witness: Here's the Introduction chapter to my new Book, How not to get ripped off when buying or selling a home - 08/31/09 07:11 AM
 
INTRODUCTION
One of the co-author’s favorite movies is the Wizard of Oz and his favorite scene in the movie is when the characters arrive at the Emerald City and are ushered in for an audience with the Wizard.  The Wizard is this big scary head suspended in mid-air, surrounded by geysers of smoke and a thunderous voice .  Toto the dog goes over and very skillfully tugs and pulls open the curtain, exposing a little man who’s frantically manipulating a machine that’s created the scary image.  Next, the Wizard, trying to make excuses for the little man says the classic … (6 comments)

expert witness: Is there risk in holding a house open when it's listed with a different company?? - 08/26/09 05:28 PM
I recently heard in my office a discussion about open houses.  One agent mentioned that when he needed one,  he would call a top agent from another company who works the area and hold one open for him.  He's got so many,  the agent said, he can't hold them all open this weekend. 
Another agent piped up and said,  I have had agents call me from smaller companys asking if they could hold one of my listings open.  If I am not holding it open myself,  I always let them.
Let's think through this.  An agent is liable for any misrepresentations … (5 comments)

expert witness: Is it worth it to file a Grievance Complaint?? - 08/19/09 06:23 PM
if you read my blog,  you know I deal with a lot of crazy deals which wind up in litigation,  with the agent getting sued.  So,  some have accused me of being skewed.  I guess to some extent,  that is true.  But,  another input I get is that for the last 15 years or so,  I have been active in my boards (or association) Professional Standards process.  I was active on the Grievance Committee for years and for the last few,  volunteering on the Professional Standards hearing panels,  many times as the presiding officer. I was also an Ombudsman for our … (1 comments)

expert witness: The latest Short Sale Scam. This time it is us! - 08/19/09 05:44 PM
Too often our industry has taken the righteous position about this financial crisis by blaming the banks and the mortgage industry.  Well, we have some real shenanigans going on right here in our real estate industry.  I expect that I will see more work as an expert witness in litigation cases in the future as a fall out of this and other schemes.
Here's one that I recently ran across.  Buyer's agent is working with a buyer.  They know that there will be multiple offers but the buyer wants to get the lowest possible price.  So,  they come in aggressively with … (3 comments)

expert witness: I guess I shouldn't, but I feel depressed about our industry!! - 07/26/09 03:48 PM
Sometimes I feel tainted by my expert witness work,  where I see agents that are involved in lawsuits.  So, often they are untrained and just not ready to do the heavy lifted that is needed in today's real estate.  This is especially evident when agents get outside their residential home sale area.  Too often they run across a client that wants to buy a business,  an office building,  raw land,  and income property and the list goes on.
Instead of being honest and telling their client,  that they are not specialists in that area,  they dive in the pool and usually … (5 comments)

expert witness: Barney Frank and the Feds are at it again - this time about Condos - 06/25/09 01:00 PM
If you have read my blog before,  you know that most of my posts are about the legal side of our business and my work as an expert witness in real estate litigation.  This one is not.
You would think that the music would be loud enough for congress to hear now that billions have been lost by hard working folks when the banks crashed and burned over the mortgage scandals.  You remember -  making loans to be people who couldn't qualify.  And,  accepting "no doc" loans with little or no downpayment.   And,  the banks flinched under congressional pressure and agreed … (1 comments)

expert witness: Are you sick of the Lawyers doing Loan Mods yet?? What's your opinion - 05/13/09 04:18 PM
I continue to hear ads for lawyers who are going to stop your foreclosure and somehow, for a nice fee,  get you a loan Mod.  Frankly,  I don't think so.  My partner and I have been offering this service for FREE.  And,  after many interviews with people who are upside down or behind on their payment,  we find that most do not qualify for a loan mod. 
The latest scheme I heard earlier this week.  This lawyers twist was that he charges $1250 upfront and gets the clients to agree to pay him 2-3% of any reduction in their loan he … (1 comments)

expert witness: AGENT BEWARE!!! When selling a business isn't good business - 04/30/09 04:07 PM
If you have read my blog, you know that I do expert testimony in real estate litigation cases.  I just got a new one which I wanted to share with you.
It seems an agent sold this lady a deli.  She had no experience in the food business but wanted to try her hand at running her own business.  She paid $90,000 cash.   Here are a few of the things that the agents (double ended) did to her:
Didn't show her comps or why it was worth the money didn't help buyer to analyze income and expenses Didn't advise to get … (2 comments)

expert witness: Common Mistakes New Agents make #6 - Mentors - 03/14/09 11:02 AM
 A lot of companies sell new agents on the fact that they are going to be helped along in the business with a Mentor.  Maybe this works,  but in the offices I have managed and the offices where I was just an agent,  I have not seen it be successful.  First,  it is rarely clear exactly what the mentor is supposed to do. 
Are they the day to day trainer?  Is the mentor supposed to watch the agent as they cold call?  Does the mentor sit in on buyer presentations when the new agent meets with their buyer for the first … (1 comments)

 
Guy Berry, Real Estate Broker and Legal Expert (Real Estate Expert Witness Support)

Guy Berry

Real Estate Broker and Legal Expert

San Jose, CA

More about me…

Real Estate Expert Witness Support

Address: San Jose, Ca

Office: (408) 694-9853

Mobile: (408) 690-2998

Guy Berry is a frequent expert witness in real estate litigation and an accomplished trainer in real estate law and contracts. In addition he has been licensed for 30 years as an agent and managed large offices, including Coldwell Banker and Century 21.


Links

Archives

RSS 2.0 Feed for this blog