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The Law Office of Stephen Nault

Practice Area

Real Estate Broker Standard of Care Expert Witness in Tennessee

When an agent-malpractice or brokerage-duty case turns on whether a licensee did what a competent one would have, that is a standard-of-care question — and it needs an expert who has actually run brokerages, not just read the rules. I give those opinions for plaintiff and defense counsel, grounded in TREC rules, brokerage custom, and how deals really move.

This page covers a focused service. For the broader editorial practice area, see Expert Witness in Tennessee.

Measuring conduct against the competent licensee

A standard-of-care opinion weighs what the agent or broker did against what a reasonably competent Tennessee licensee would have done in the same spot. I build that from TREC rules, published custom, brokerage policy, and the practical reality of how a transaction moves from offer to closing. The recurring subjects are agent disclosure obligations and the Seller's Property Disclosure, earnest-money handling and trust accounting, principal-broker supervision of affiliates, dual and designated agency, conflicts of interest, and procuring cause and commission entitlement.

Where these retentions come from

Most land at one of three points: a malpractice or breach-of-duty case where you need an expert before dispositive-motion practice, a rebuttal of an opposing expert's report, or a pre-designation consult where you want a confidential read on whether industry practice actually supports the theory. That early read can stay confidential as work product; designation, the written report, and testimony follow once the scope is set. I scope it from the complaint, the brokerage file, and the key communications, and I bill hourly against a case-sized retainer.

Qualifications

Tennessee licensed real estate broker since 2012; managing broker since 2021. TREC course instructor license since 2020. Tennessee bar since 2018; admitted to the U.S. District Court for the Middle District of Tennessee. Two decades of hands-on commercial leasing, brokerage, and property-management experience, beginning in employee roles before his 2012 agent license.

How to start

Use the form below to schedule a consultation. Do not include confidential details in the form. The office will respond with instructions for sending case documents securely.

The information on this page is provided for general educational purposes only and is not legal advice. Laws change and facts matter; every situation is nuanced. If you would like the office to evaluate your specific facts, please share the basics below and we will be in touch.

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