Changing Focus to Real Estate Litigation Consulting Support and Rebuttal Reviews

 Beginning in 2023, Mr. Malin changed the focus of the consulting services to assist clients and their attorneys in managing the appraisal process in cases. Due to his wide experience over the past 30 plus years, in all types of real estate litigation as well as his background in brokerage and land development, he is well versed in litigation and the valuation issues that arise.

 By LIMITING his testifying as a valuation expert ONLY to REBUTTAL and using his knowledge of valuation and understanding the facts in the case, he can assist the attorneys in reviewing the appraisals and pointing out deficiencies or unsubstantiated assumptions in these reports.

 In some instances, where he is working on behalf of the client’s interest, he is not acting as an unbiased appraiser but an advocate, while in other cases, he is acting as an MAI and providing his opinion in an appraisal review where he is objective and unbiased.

 Mr. Malin has experience in hiring appraisers, making sure that they have information that is reliable and guiding them through complex issues in a case. His direct involvement in numerous condemnations where he was the condemnee gives him experience that few other professionals can attain. He has been involved in mediation and arbitrations on behalf of clients and in his own investments.

When Should You Engage Mr. Malin and Why?

 If you are an attorney involved in real estate litigation, then at the very outset and first client meeting, Mr. Malin, can offer his perspective on the facts in the case. Using tools such as Google Earth and access to market information, he can help look at the merits of the case from the real estate side vs. the legal side of the case. Initial consultations with clients are part of the pre-engagement process and can be done remotely or in person and are confidential.

Once the client’s case has been accepted, Mr. Malin can assist with the distillation of the facts, the assumptions from the market, and vetting of experts, if needed.

 Locating, Advising and Vetting the Valuation and Other Types of Experts, Assisting with Trial Exhibits

 The MOST IMPORTANT part of real estate litigation is on the values placed on the real estate by the appraisers. Locating credible appraisers and assisting them without directing them is key to getting reliable results that juries will believe. Mr. Malin’s extensive experience in the courtroom and his ability to discuss the case with the appraisers as they develop their opinions is invaluable because he acts as an advisor.

 Another benefit from his experience is his rolodex of experts, from engineers studying drainage or structural issues to land planners and architects. Depending on the nature of the case, he can find the right type of expert and one who can deliver credible opinions to the jury.

 Should the case go to trial, his experience from past cases in how to present the evidence has been instrumental for juries to understand the facts of the case, in clear and straight-forward exhibits taken from the experts’ work or third-party sources.

 These Services Will Not Be Necessary in Every Case

 Some cases are too far along in the process, others may be so straight forward that there is little advantage to engaging The Malin Group. The larger and more complex cases involving higher dollar amounts would be situations where his expertise could make his involvement in the team beneficial to the case which could make the difference in getting the case settled or winning in the courtroom.

 Many attorneys have never hired more than one appraiser for a case. With large-dollar and complex cases, multiple appraisers are often required to assert their opinions from different perspectives. In his experience, the lead counsel has found few experts with Mr. Malin’s background to help their client’s case and manage the valuation issues. The attorney’s focus is typically on the legal issues not the real estate issues.

 Mr. Malin believes that his is a novel approach, best suited for the complex multi-million-dollar cases, where a team approach of appraisers and other experts combine and where his advice could be material and instrumental in winning the award or a successful negotiation with the other side.

 His track record in such cases demonstrates that research, solid opinions and clear delivery are convincing to the parties in the case or the jury. Mr. Malin adds another level of support for the client’s case.