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The Law Office of Stephen Nault

For Attorneys · Expert Witness & Consulting

Real Estate Expert Witness in Tennessee

I have over 20 years of real estate experience, beginning in employee roles before my 2012 license, and I am an active managing broker of a real estate firm as well as a Tennessee Real Estate Commission course instructor. That experience covers commercial and residential sales, investments, and property management. I have managed millions of square feet of office space, and at one point oversaw a leasing portfolio of over 120 commercial leases in 30+ countries. Expert services include case review, written reports, depositions, and trial testimony, for plaintiff and defense counsel.

Qualifications

Attorney

Tennessee Bar, 2018 · USDC Middle District of TN

Real Estate

TN Licensed Broker since 2012 · Managing Broker since 2021

Instructor

TREC Course Instructor License, 2020

Mediator

Rule 31 Listed Mediator

Hands-on

Leasing, property management, brokerage, and commercial real estate operations

Curriculum vitae: available to counsel on request.

What I Bring to a Case

An attorney and an active broker, in one expert.

I offer real estate expert witness services in Tennessee to litigators on both sides: title, contract, valuation, brokerage standard of care, and property-management practice. What I bring is the combination most experts do not have: a practicing attorney who is also an active managing broker, giving opinions from inside the business rather than above it.

Tennessee real-estate disputes usually turn on three things at once: industry custom, what the documents actually say, and how the underlying business really operates. My opinions stay tied to the record and limited to what the documents and the transaction support. Engagements run from confidential pre-designation consulting through Rule 26 expert disclosures and discovery responses, written reports, deposition support, and trial testimony.

What I offer counsel is the combination. I am a Tennessee-licensed lawyer who is also an active managing broker, a TREC course instructor, a Rule 31 mediator, and a property-management operator across two decades of commercial real estate, beginning in employee roles before my 2012 agent license. Most real-estate experts come from one of those tracks, not all of them. That matters because these cases rarely turn on pure law or pure brokerage; they turn on the seam between them: how the licensee was supposed to behave, what the documents should have said, and what a competent operator actually does in the field. The opinions reflect a working attorney-and-broker view, not retired or theoretical analysis.

These cases come in a few shapes. Title and chain-of-title disputes: deed errors, missing instruments, conveyance defects. Real-estate contract litigation: purchase agreements, options, lease-to-own, contingency fights. Broker and agent standard-of-care matters: TREC rule application, supervision, commission disputes. Property-valuation context for damages, divorce, and partition. And disclosure or nondisclosure claims under the Tennessee Residential Property Condition Disclosure Act. Some need a designated testifying expert, with Rule 26 expert discovery responses and a written report where a scheduling order, an agreement, or the federal rules call for one; others are better served by earlier consulting that helps you decide whether the theory is supportable before designation. Both are available, and a consulting expert who is not expected to testify is generally protected from discovery under Tenn. R. Civ. P. 26.02(4)(B).

I scope every engagement at the front: the complaint, the brokerage or transaction file, and a short call to confirm scope. From there the report, deposition, and testimony follow as the matter needs, billed hourly against a case-sized retainer rather than a flat rate sheet. A current CV goes out on request. One thing I hold to: the opinions stay limited to what the record supports and what industry custom actually establishes. I am not interested in advocacy dressed up as analysis; that is how an expert gets taken apart, and it does not help the client.

Case Types

Where industry experience changes the analysis.

Matters where standard of care, custom, and practice are at issue, not just the black-letter law.

Standard of Care & Industry Custom

What a reasonably competent Tennessee broker, agent, or manager would have done under the same circumstances, and how TREC standards, commission rules, and published custom apply.

Commercial Leasing Disputes

LOI and lease interpretation, CAM reconciliations, exclusivity and co-tenancy, defaults, subordination, and tenant/landlord conduct during and after the transaction.

Brokerage & Agency Disputes

Agency formation, scope of representation, dual agency, designated agency, supervision of affiliates, and the commission/procuring-cause framework.

Disclosure & Misrepresentation

Seller's Property Disclosure, material defects, agent duty to investigate, and when industry practice required disclosure that was not made.

Property Management Operations

Trust accounting, escrow handling, habitability, vendor management, lease enforcement, and the line between managing and practicing.

TREC Licensing & Supervision

How complaints are evaluated, what supervising brokers should reasonably catch, and how training and written policy bear on licensee conduct.

Engagement

Available at any stage.

From a confidential consulting role before designation through formal testimony at trial.

01

Pre-Litigation Consulting

Early case review before an expert is designated. Confidential assessment of whether industry custom or standard of care actually supports your theory.

02

Expert Designation & Reports

Rule 26 expert disclosures and discovery responses, written reports, and supporting exhibits prepared with the underlying record in mind and written to be cross-examined.

03

Deposition & Trial Testimony

Clear, non-theatrical testimony. Complex industry concepts explained to a judge or jury in plain language, without overreaching or editorializing.

04

Rebuttal & Second Opinions

Review of opposing expert reports. Identification of assumptions, overreach, and where industry practice does not match the opinion offered.

Stephen Nault presenting

Approach

Measured. Prepared. Plain-spoken.

An expert who overreaches hurts the case. The work here is grounded in the record, framed in language a jury can follow, and limited to what the industry actually supports.

Teaching TREC coursework and working day-to-day as a managing broker keeps the opinions current, not drawn from practice ten years ago.

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Common Questions

Do you provide consulting-only support before a formal expert designation?

Yes. Some matters benefit first from consulting analysis to evaluate fit, case themes, and whether expert testimony would meaningfully help.

Are you available for brokerage-related matters outside Gallatin?

The core market is Middle Tennessee, but expert-witness and consulting matters may extend beyond the immediate counties depending on fit and scheduling.

What makes a matter a better fit for expert support?

Cases involving brokerage standards, leasing practice, transaction process, supervision issues, or industry-custom questions are often stronger candidates than matters that turn purely on document interpretation.

When to call

Experts are usually brought in at one of three moments: pre-designation consulting before the theory is fixed, designation after a complaint is filed, or rebuttal of an opposing expert. Pre-designation consulting is generally protected from discovery while the expert is not expected to testify, and every engagement is scoped at the front, hourly, with a retainer sized to the case. A current CV is available on request.

The information on this page is provided for general educational purposes only and is not legal advice. Any expert engagement is subject to conflict review and scope confirmation. Please do not include confidential details in the form below.

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