Real Estate Expert Discusses Right of First Refusal


Real Estate Expert WitnessA movie producer decided to sue his real estate attorney in Florida for legal malpractice after the attorney failed to communicate the right of first refusal while selling the producer’s beach side property. The property had previously leased out to a tenant, and the producer’s attorney completed the sale transaction to a new owner without consulting her. The tenant maintained she had a right of first refusal, and was able to decide whether or not to vacate the property and approve the sale. Consequently, the producer was successfully sued for neglecting his tenant, and in turn filed suit against his real estate attorney. An expert qualified to comment on the right of first refusal in real estate transactions was required to assess whether the attorney had neglected any duties to his client.

Question(s) For Expert Witness

  • 1. Do you routinely advise clients in real estate transactions and manage right of first refusal?

Expert Witness Response E-049481

My initial impression is that it sounds like a strong case. It seems that failing to notify the producer of his tenant’s right of first refusal was a major oversight on the part of their former legal counsel. In terms of personal experience: I dedicate a significant amount of time to teaching and consulting, though I maintain my license and board certification.

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