This installment of Bilzin Sumberg’ s Homebuilder Series will be held on February 26, 2015 at 12pm EST.
Join us for an in-depth webinar that will discuss protecting your company from misrepresentation claims through contractual exculpatory clauses. This seminar will discuss the case of Duggan, LLC v. Peacock Point, LLC, which held that under an “as is” contract containing disclaimers of warranty, a sophisticated purchaser is not entitled to recovery when the seller unintentionally misrepresented entitlements on the property.
Presented by Bilzin Sumberg litigation attorneys Mitch Widom and Wendy Polit, the webinar will discuss the application of the Duggan decision to: i) the 2013 trial in Lennar v. Olivia’s Savannah, where the Second District Court of Appeals upheld the enforcement of the written contract against a purchaser who sued Lennar for negligent and fraudulent misrepresentations and ii) the potential benefits of the use of exculpatory clauses in purchase and sale contracts.
Mitch Widom and Wendy Polit obtained a full victory in Lennar v. Olivia’s Savannah, turning a $32 million fraud and misrepresentation claim against Lennar into a $14 million judgment in Lennar’s favor, and were awarded the 2013 ‘Most Effective Lawyers’ by the Daily Business Review.