Standard Of Care Real Estate Licensee Expert Witness – Agent/Broker Duties

California Civil Code 2079.2 sets forth that the standard of care as a California real estate licensee “is the degree of care that a reasonably prudent real estate licensee would exercise and is measured by the degree of knowledge through education, experience, and examination required to obtain a license. Litigation and arbitration involving a real estate agent’s or broker’s failure to meet the standard of care requires a clear presentation of facts demonstrating in-depth knowledge of licensing requirements, legal requirements and ethical considerations. If you are an attorney representing a plaintiff or a defendant in a real estate agent and/or broker litigation or arbitration matter will your knowledge of an agent’s and/or broker’s duties to meet the standard of care stand up to the close scrutiny of a judge and jury?

Expert Witness for Real Estate Agent/Broker

Alan D. Wallace has been retained as an Expert Witness or Litigation Consultant in thousands of real estate-related matters.  He is a licensed Real Estate Broker and Attorney.  A graduate of Loyola Law School, Wallace is an active Real Estate Broker, California Association of Realtors Master Instructor, attorney, and Instructor of Law at U.C.L.A. Extension. Mr. Wallace also serves as an Adjunct Professor at Loyola Law School, a position he has held since 2007. Formerly a California Association of Realtors “Hotline” Attorney, Mr. Wallace has served as a Designated Broker for three large real estate companies and has had direct responsibility for and supervised and overseen literally thousands of real estate transactions in the state of California.  He is the author of what is considered the state-of-the-art work on Disclosure Obligations, the Department of Real Estate approved course “The Transfer Disclosure Statement:  Your Duties as an Agent and Seller” marketed by the California Association of Realtors.  Mr. Wallace chaired the Real Property Law Symposium at the Annual State Bar Convention, entitled “Recent Developments in Real Estate Law.”  He is a Faculty Member of the Continuing Education of the Bar, and has been a panel member for several C.E.B. symposia.

Attorney Alan D. Wallace is recognized as one of Southern California’s pre-eminent real estate law attorneys and expert witnesses. Mr. Wallace has more than a 30-year proven record of providing expert testimony and acting as a pre-trial consultant on many of the most significant real estate agent litigation and arbitration matters in the Los Angeles region. He is frequently hired to provide testimony and consultation on real estate litigation matters throughout California.

Mr. Wallace maintains an active real estate law practice and is an active real estate broker. He takes a leadership role in the latest developments in the evolving realm of real estate licensure laws governing real estate litigation and brokerage practices. He has the experience and knowledge to provide testimony and strategic consultation on all matters related to residential and commercial real estate agent practices and expectations. He offers a special level of expertise on matters related to transactional documents, forms and duties to perform.

Mr Wallace provides expert witness and litigation strategy consultation for attorneys involved in real estate agent/broker duty matters such as:

Disclosure issues

• Health or safety concerns
• Structural or system defects
• Repairs of prior defects
• Homeowner association dues, back taxes due
• Potential conflicts of interest, dual agency litigation
• Self-dealing, agent as principal

Documentation

• Improper documents and forms
• Unclear or inappropriate legal language
• Filing deadlines, timing issues

Due diligence, standard of care

• Failure to perform services
• Duty to notify
• Unclear title
• Mortgage issues
• Lease agreements
• Trust accounts
• NAR Code of Ethics violations
• Improper supervision of agent

• General Counsel for two of the largest real estate companies in the nation.
• Designated Broker to one of Southern California’s largest realty companies.
• Supervising Senior Counsel to the California Association of Realtors (CAR).
• Master Instructor and Publications Author for the California Association of Realtors Department of Real Estate Approved Courses.
• Adjunct Professor UCLA Extension School of Law.
• Adjunct Professor Loyola Law School.

Mr. Wallace is also an active Real Estate Broker in the San Fernando Valley of Los Angeles.

Alan Wallace has offices in Sherman Oaks and provides expert testimony and legal representation for clients throughout Southern California and the United States.  Contact Us  today to see how we can help you.

Primary Areas of Expertise

Standard of Care Expert Witness | Residential Agency Real Estate Expert Witness | Commercial Agency Real Estate Expert Witness | Seller/Buyer Duties | Escrow and Title Expert Witness