Commercial Real Estate Expert Witness
Financing, Valuation, and Lender Practice Expert for Complex CRE Litigation
Commercial Lending Solutions provides commercial real estate expert witness services for plaintiff and defense counsel in financing disputes, contaminated property valuation, loan origination claims, lender liability matters, and partnership disputes. Active market participant. CBRE Capital Markets and Marcus and Millichap background. Los Angeles based. Nationwide engagements accepted.
Commercial Real Estate Expert Witness Engagements
We accept expert witness engagements across the full range of commercial real estate financing and valuation disputes. Our opinions are grounded in active market practice, lender relationships, and transaction data, not retired-practitioner recollection or academic methodology alone.
Environmental and Contaminated Property
Expert opinions on the effect of environmental conditions on commercial real estate value and financing feasibility. Active experience in industrial contamination matters in the Los Angeles market.
- Brownfield site valuation methodology
- Environmental stigma damages analysis
- Income loss attributable to contamination
- Phase I and Phase II impact on lender underwriting
- Financing feasibility for impacted properties
Commercial Loan Origination and Underwriting
Expert testimony on whether a commercial loan origination, broker engagement, or underwriting decision met the applicable industry standard of care.
- Lender negligence in origination
- Broker duty of care and disclosure obligations
- Loan sizing and underwriting standards
- Industry standard term sheet and commitment letter review
- RESPA and TILA application to commercial transactions
Lender Liability
Expert opinions on lender conduct in commercial real estate financing, including origination practices, loan administration, modification disputes, and foreclosure proceedings.
- Lender conduct in origination and commitment
- Loan modification and forbearance disputes
- Wrongful foreclosure in commercial real estate
- Acceleration and default clause interpretation
- Industry norms for lender communication and disclosure
Commercial Property Valuation Disputes
Expert testimony on income-property valuation, appraisal methodology, and the appropriate application of valuation approaches to commercial real estate.
- Cap rate selection and market support
- Net operating income calculation disputes
- Appraisal review and critique
- Income approach versus sales comparison methodology
- Highest and best use analysis
Construction Defect and Financing
Expert opinions on how construction defects and deficiencies affect commercial property value, financing feasibility, and lender underwriting willingness.
- Impact of defects on property value and marketability
- Effect of defects on permanent financing eligibility
- Construction loan dispute and draw schedule analysis
- Industry standards for construction loan administration
- Completion bond and surety matters
Partnership and Joint Venture Disputes
Expert testimony on the mechanics of commercial real estate equity structures, preferred return calculations, waterfall distributions, and capital account methodology.
- Waterfall distribution disputes
- Preferred return and accrual calculation
- Promoted interest and carried interest methodology
- Capital account reconciliation
- Industry norms for JV and equity structure documentation
Trevor Damyan, Commercial Mortgage Broker and Expert Witness
Trevor Damyan
Commercial Mortgage Broker
Expert Witness
Active Market Participant. Institutional Background. Court-Ready Opinions.
Trevor Damyan is a licensed commercial mortgage broker and the founder of Commercial Lending Solutions (CLS CRE), a commercial real estate capital markets advisory firm active in all 50 states. He brings a combination of institutional platform background and ongoing active practice that courts and arbitration panels find valuable: his opinions reflect what lenders actually require today, not what they required a decade ago.
Prior to founding CLS CRE, Trevor worked within the CBRE Capital Markets platform, one of the world's largest commercial real estate companies, and within the Marcus and Millichap Commercial Capital (MMCC) lending advisory platform. These institutional backgrounds provide firsthand knowledge of how major lenders, life insurance companies, investment banks, and debt funds actually underwrite commercial real estate.
With more than 1,000 active lender relationships and over $1 billion in aggregate transaction volume, Trevor provides expert opinions grounded in current lender appetite, current underwriting criteria, and current market conditions across office, industrial, multifamily, retail, hospitality, and specialty asset classes.
Expert witness availability includes:
- Written expert reports meeting Federal Rules of Evidence 702 and 703 standards
- Deposition testimony
- Trial testimony in federal and state courts
- Arbitration and mediation panel support
- Non-testifying consulting expert engagements
- Case evaluation and document review for retaining counsel
From Initial Call to Trial Testimony
We maintain a disciplined engagement process so retaining counsel always knows where the matter stands and what to expect at each stage.
Complimentary call with retaining counsel to assess matter fit, identify potential conflicts, and confirm scope. No obligation.
Engagement letter and retainer executed. Document production reviewed including loan files, appraisals, correspondence, and transaction records.
Written report prepared meeting Federal Rules of Evidence 702 and 703 standards, including a complete statement of opinions, bases, and qualifications.
Preparation sessions with retaining counsel. Available for deposition on dates coordinated with counsel's schedule.
Available for trial testimony, arbitration panel testimony, and any required supplemental or rebuttal reports prior to the proceeding.
What Attorneys Need from a CRE Expert Witness
A strong commercial real estate expert witness does more than hold credentials. The opinions that hold up at deposition and trial share a specific set of characteristics. These are the standards we hold ourselves to on every engagement.
Current, active market participant. We close commercial real estate transactions in the current market. Our opinions reflect what lenders require today, not what industry textbooks or retired practitioners recall from prior cycles.
Clear, jargon-free testimony. Commercial real estate finance contains specialized vocabulary that can obscure rather than educate. We translate cap rates, debt service coverage ratios, and loan-to-value thresholds into language that judges and jurors understand without condescension.
Opinions grounded in actual transaction data. We support opinions with real lender underwriting requirements, current market comparable data, and documented industry practice, not textbook theory or generalized statements.
Available for both plaintiff and defense. We evaluate matters on the merits and form opinions based on the evidence. Retaining counsel on either side of a commercial real estate financing dispute will receive the same rigorous, honest analysis.
Experienced explaining complex financing structures. Mezzanine debt, preferred equity waterfall mechanics, participation loans, and construction draw disputes are standard in our daily practice. We have the vocabulary and the patience to make these structures legible in a courtroom.
Reports that meet Daubert and Rule 702 standards. Our expert reports are structured to satisfy the admissibility requirements under Federal Rule of Evidence 702 and the Daubert gatekeeping standard, with clear identification of methodology, data sources, and the factual basis for each opinion.
Retain a Commercial Real Estate Expert Witness
Contact us to discuss your matter. Initial case review calls are complimentary. We accept engagements for plaintiff and defense counsel in California and nationwide.
Send Us Your Matter →Please include a brief description of the matter, jurisdiction, and anticipated trial date.
Frequently Asked Questions from Attorneys
Direct answers about retention, qualifications, fees, and engagement structure for commercial real estate expert witness services.
What types of commercial real estate matters do you accept?
We accept engagements covering a broad range of commercial real estate financing and valuation disputes. These include loan origination and underwriting standards, lender liability, wrongful foreclosure in commercial real estate, contaminated and brownfield property valuation, construction loan disputes, cap rate and net operating income disputes, and partnership or joint venture waterfall disagreements. If your matter involves commercial real estate financing, lending standards, or income-property valuation, contact us to discuss whether the engagement is a fit.
Are you available for both plaintiff and defense engagements?
Yes. We accept engagements for both plaintiff and defense counsel. Our opinions are grounded in market data, lender standards, and active transaction experience rather than advocacy. Attorneys on both sides of commercial real estate financing disputes have retained us for expert reports, deposition preparation, and trial testimony.
What qualifications make you qualified as a CRE expert witness?
Trevor Damyan is an active commercial mortgage broker with a background at CBRE Capital Markets and Marcus and Millichap Commercial Capital (MMCC), two of the largest commercial real estate platforms in the country. He holds a California Department of Real Estate license, has closed transactions in all 50 states, maintains relationships with more than 1,000 commercial real estate lenders, and has participated in over $1 billion in aggregate transaction volume. His opinions reflect current market conditions, not retired-practitioner recollection. Courts and arbitration panels have found value in the combination of institutional platform background and ongoing active practice.
How do you approach contaminated property valuation disputes?
Contaminated property valuation requires analysis of how environmental conditions affect both the income approach and the lender's underwriting willingness. We analyze Phase I and Phase II environmental assessment findings and their impact on lender appetite, stigma damages using comparable sales and income loss methodology, the effect of contamination on cap rate selection, and how environmental remediation timelines affect both value and financing feasibility. We have been engaged in industrial contamination matters in Los Angeles and bring direct experience with how institutional lenders actually respond to contaminated collateral.
What is your fee structure for expert witness engagements?
We charge an hourly rate for all expert witness work, including document review, report preparation, deposition, and trial testimony. Retainers are required at engagement. We do not work on contingency. Contact us at loans@clscre.com or 310.708.0690 to discuss the scope of your matter and receive a fee schedule.
Can you serve as a consulting expert (non-testifying)?
Yes. We regularly serve as non-testifying consulting experts, assisting counsel with document review, case strategy, deposition preparation of the opposing expert, and evaluation of the strength of financing or valuation claims. Consulting engagements are protected by attorney-client privilege through the retaining attorney. Contact us to discuss the structure of a consulting engagement for your matter.