Counsel should consider obtaining the assistance of experts in commercial cases involving issues such as:

(1) scientific or technological issues...;

(2) issues concerning the "practice in the trade"...;

(3) issues concerning the meaning of certain terminology under the "trade Usage"...;

(4) financial and accounting issues...; and,

(5) damage issues..."

- The Role of the Experts on Business Litigation.
American Bar Association Section of Litigation, ABA Press, 1979.

Many types of litigation involve complex issues regarding accounting, financial, statistical and economic information as it pertains to real estate. These issues have many subtleties that only real estate professionals will perceive, much like the nuances of the law which only attorneys perceive.

NAI Miami's professionals have more than fifty years of aggregate experience in the ownership and operation of office and retail properties. Drawing on their background, these professionals can provide the wisdom, insight and analysis which only a real estate professional can deliver to assist in the preparation of litigation and to provide expert testimony during a trial. Areas in which the firm's assistance can be utilized:


Expert Testimony - Whether it is the contestation of a specific lease clause to the manner in how a commercial property is operated, guidance and testimony can be provided to assist in the identification of what would be considered standard industry practice or what would be considered commercially reasonable operations and levels of professionalism.


Lost Profits and Insurance Claims - If the issue at hand is the future generation of revenue and profits pertaining to an insurance or litigation matter, analysis is conducted to determine the revenue and profits which would have been realized under existing leases and prospective new leasing based on a thorough lease review, industry standards and averages, and analysis of specific market conditions.


Divorce Settlements - Valuations of both income producing real estate and limited or general partnership interests can be conducted to estimate or determine current market value.


Forensic Real Estate Analysis - While every real estate project is initiated on the assumption that it will be successful, some fail. The causes can be market related or result from inferior management, lack of experience or fraud. This is where the firm's forensic real estate analysis is utilized. This analysis is conducted by reviewing historic assumptions and performance, then comparing them to announced expectations in light of market conditions at that time. Operations are scrutinized to determine if the failed project resulted from general market conditions or if the owners/operators should be held to a commercially reasonably standard which was not attained.


Bankruptcy Issues- NAI Miami can provide detailed analysis for:

Market Valuations - Determine the current market value of an income producing property based on current market conditions.

Lease Valuations - Determine the value of a lease to assist the debtor in the decision to accept or reject it.

Financial Market Analysis - Determine the current financing conditions for a specific income producing property in which a loan would be funded.

This assists the creditor, the debtor and the court to determine whether the pursuit of a reorganization strategy or a liquidation is the most prudent course of action.

Receiverships - In addition, NAI Miami's principals have been appointed receivers of commercial properties throughout South Florida.