…as Lennar Homes of California, a major builder of new homes, learned to its dismay in an appellate court decision just a week before Christmas.
Lennar put an incredibly onerous “indemnity” clause into its contract of adhesion with its home buyers, and then tried to enforce that clause to force a named plaintiff in a class action suit against it to pay all of Lennar’s attorney’s fees.
The trial court granted the home buyer’s motion to strike Lennar’s indemnity action under the anti-SLAPP statute, and the Court of Appeal affirmed, finding the clause unconscionable and therefore unenforceable.
So now Lennar has to pay the other side’s attorney’s fees for trying to force it to pay theirs.
The obvious message: don’t be greedy.
The information presented is not intended to be, and does not constitute, “legal advice.” Because each situation varies, and only brief summary information is provided here, you should not use this information as a basis for action unless you have independently verified with your own counsel that it applies to your particular situation.
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