Barbara D. Nichols, M.B.A.

Nichols Real Estate & General Contracting
1633 Clear View Dr.
Beverly Hills , CA 90210
Office: 310-273-6369
Fax:

Introduction

I am a Real Estate, and contracting expert with a unique background; having an MBA, from Cornell University and holding a Real Estate Brokers license and a General Contractors license. I am also an active real estate broker representing buyers and sellers in transactions, and I manage and lease properties.

Most real estate lawsuits involve buyer claims of undisclosed property defects. My business background, combined with my real estate experience and knowledge of construction are invaluable in being able to properly analyze these cases.

My many years of experience as a manager with major corporations has given me the ability to thoroughly prepare for depositions and trial, to find and articulate the key points in the case, and to effectively present my opinions verbally and with
visuals, including power point presentations and clearly written reports.

I have written fourteen articles for the National Association of Realtors, under the "Law" section of REALTOR magazine, the monthly magazine of NAR, sent to 1,000,000 agents in the United States. I am the only Broker and expert, asked by NAR to write an article defining "Standard of Care" (see attached). The other thirteen articles I have written for NAR are dealing with Ethics, Red Flags, Stigma, Property Inspections, Documentation, "Ten Ways to Land in Court," Agent Property Inspection, Liability and Injuries at Properties, Dealing with Repairs and Credits, Transactions with relatives, Disclosing Distress (foreclosures and short sales), Steering Clear of HOA Risks and property and boundary disputes. I have also authored the book "The No Lawsuit Guide to Real Estate Transactions," published by McGraw Hill in 2007.

I have special expertise in disclosure, Standards of Care, data research, presentation, damage valuation, property inspection, construction/materials, broker's opinion of value, agency duties, duties of buyers and sellers, duties of escrow, injuries at properties and landslide/geotechnical, mold/fungus/water intrusion for residential,and commercial property.

I provide evidence development and evaluation, expert witness consultation and litigation support. Please visit my website at www.BarbaraNichols.net


Areas of Expertise

  • Commercial Real Estate
  • Construction
  • Home Inspections
  • Landlord/Tenant
  • Property Management
  • Real Estate Agent
  • Real Estate Broker
  • Real Estate Damages
  • Real Estate Leasing
  • Residential Real Estate

Expert Background

Q: Please list your professional accreditations, degrees, licenses, and certificates granted:
A: Cornell University, M.B.A
Simmons College, B.A.
Real Estate Broker, California
Licensed General Contractor, California
Q: Please list your affiliations or memberships in any professional and/or industry organizations:
A: National Association of Realtors
California Association of Realtors
Beverly Hills/Greater Los Angeles Association of Realtors
Professional Standards Committee, Southland
Regional Association of Realtors eight years
Q: Please list any teaching or speaking experience you have had, including subject matter:
A: Panelist, on Risk Management, at several
Associations of Realtors

Teach a 3 hour, 3 credit, Department of Real
Estate course entitled "How to Stay Out of
Court". This is a required course in Risk Management. I have taught 295 classes to over 17,000 real estate agents and brokers.

Previously, a course instructor for the
American Marketing Association (Investigative
(and Marketing Research)

Previously, a course instructor for the
American Management Association (Forecasting)

Speaker on "Risk Management" at two annual meetings of the National Association of Realtors
Q: Have any of your accreditations ever been investigated, suspended or removed? (if yes, explain)
A: NO
Q: On how many occasions have you been retained as an expert?
A: More than 300
Q: For what area(s) of expertise have you been retained as an expert?
A: >Real Estate and Contracting cases
>Land Movement, Foundation, Stigma Analysis, water intrusion, drainage, Mold, property injuries, mortgage fraud, developer/builder suits, survey/boundary disputes, HOA lawsuits, lease transactions, property management and general non-disclosure of property defects
>Complex Research Investigations
>Joint representation as a Real Estate and
Contracting Expert
>Real Estate Cases involve: standards of care,
agency, duties of agents/buyers/sellers,
disclosure, economic analysis, contracts,
broker's opinions of value, data research,
habitability, sales and leases
>Construction cases involve: defects and damage,
safety standards, building code violations,
contract disputes, management duties, research
and records, business loss, standards of care,
general contractor/subcontractor duties
Q: In what percentage of your cases were you retained by the plaintiff?
A: 65%
Q: In what percentage of your cases were you retained by the defendant?
A: 35%
Q: On how many occasions have you had your deposition taken?
A: More than 70
Q: When was the last time you had your deposition taken?
A: 4/11/18, average 3-5 or more per year
Q: On how many occasions have you been qualified by a court to give expert testimony?
A: 28 times in court
Q: On how many occasions have you testified as an expert in court or before an arbitrator?
A: 38 or more
Q: For how many years have you worked with the legal industry as an expert?
A: Since 1994
Q: What services do you offer? (E.g.: consulting, testing, reports, site inspections etc.)
A: Offer consulting, reports, site inspections,
economic analysis, investigative research
Q: What is your hourly rate to consult with an attorney?
A: Provided on request
Q: What is your hourly rate to review documents?
A: Provided on request
Q: What is your hourly rate to provide deposition testimony?
A: Provided on request
Q: What is your hourly rate to provide testimony at trial?
A: Provided on request
Q: Please list any fees other than those stated above (E.g.: travel expenses, copy fees, etc.)
A: Provided on request


References

Robert Bergman
Bergman & Dacey, Inc.
108800 Wilshire Blvd., Suite 900
Los Angeles, Ca. 90024
310-470-6110

Jason Saccuzzo and Mike Vivoli
Vivoli Saccuzzo, LLP
2550 Fifth Ave., Ninth Floor
San Diego, Ca. 92103
619-744-9992

David Grokenberger
Grokenberger & Smith
1100 Santa Barbara St., Suite 202
Santa Barbara, Ca. 93101
805-965-7746

Many more references available