Agent Malpractice Expert Witness in Tennessee for Plaintiff Counsel

Plaintiff-side agent malpractice cases turn on duty, breach, causation, and damages — and the proof problem is almost always duty and breach. Expert opinions identify which duty the agent or broker owed (statutory under T.C.A. § 62-13, fiduciary or facilitator depending on representation status, Code-of-Ethics-based for REALTOR® licensees), where the file shows that duty was breached, and how that breach compares against what a reasonably competent Tennessee licensee would have done.

Common claim categories include misrepresentation and failure to disclose material facts, mishandled disclosures under the Tennessee Residential Property Condition Disclosure Act, agency-status confusion and undisclosed dual agency, deposit and escrow accounting failures, transaction-handling errors that cost a buyer or seller the deal, broker-supervision failures under T.C.A. § 62-13-312, and post-closing harm that traces back to specific licensee conduct.

Three overlapping bodies of standards govern Tennessee licensee conduct, and opinions identify exactly which one applies to each piece of conduct at issue. First, Tennessee statute and TREC rule: T.C.A. §§ 62-13-403 through 62-13-405 set the baseline duties for licensees acting as agents or facilitators; § 62-13-312 governs broker supervision; TREC's administrative rules in Chapter 1260-02 fill in the specifics.

Second, the National Association of REALTORS® Code of Ethics and Standards of Practice — adopted and enforced in Tennessee through Tennessee REALTORS® and local boards — sets a higher ethical floor that the majority of Tennessee licensees are bound by as REALTOR® members. Most cases implicate Articles 1 (protect and promote client interests), 2 (avoid misrepresentation, disclose pertinent facts), 9 (assure parties understand transaction documents), 11 (competency within field of practice), 12 (true picture in advertising and representation), and 16 (no interference with exclusive representation agreements). Each Article has Standards of Practice that interpret and apply it, and opinions cite the specific SOP language at issue.

Third, brokerage and transaction custom — the things every competent Tennessee licensee does that aren't written down in a statute or Article but that everyone in the industry understands as the floor of competent practice. That gap is where most experienced licensees can spot a breach immediately and where unrepresented or under-resourced parties get hurt.

Retentions typically come at one of three points. Pre-suit consulting, where counsel wants a confidential standard-of-care read before deciding whether to file — that work stays under work product. Designation after a complaint is filed, with written report, deposition, and trial testimony to follow. And rebuttal of a defense expert's report, where the question is whether the defense's framing of the standard holds up against the actual statute, Code, and custom.

Tennessee licensed real estate broker since 2012; managing broker since 2021. TREC-approved course instructor since 2020, including continuing education on Code-of-Ethics and Tennessee licensee duties. REALTOR® member in good standing with current Code of Ethics training. Tennessee bar since 2018. Active brokerage and property-management practice means opinions reflect how the rules and Code are applied in current Tennessee transactions, not the version of the business from a decade ago.

Engagement begins with review of the complaint, the brokerage file, the agency documents, listing and purchase agreements, the property condition disclosure forms, and key communications between the parties and licensees. A short call follows to confirm scope. Written report, deposition support, and trial testimony follow as the matter requires. Hourly billing with retainers sized to the case; pre-designation consulting is engaged on a separate scope so confidentiality is clear.

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