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Scottsdale Investment Property
Should You Use an Attorney's Fee Clause?
by Attorney William Bronchick
Most "standard" real estate contracts and leases contain provisions that state something to the effect, "If there is any dispute as to the agreement, the winning party is entitled to attorney's fees". Is this a good idea?
Well, yes and no. First, understand that attorney's fees are generally not awarded by the court to the winning party in a lawsuit. There must be either a specific statutory provision or a clause in the disputed agreement that calls for attorney's fees. In addition, a court may award attorney's fees where there is "bad faith" on the part of one of the litigants, but judges rarely enforce this rule.
If you have to sue another party to a lease or contract for $100, it hardly s...
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