Watch an in-depth Homebuilder Series 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 named the 2013 ‘Most Effective Lawyers’ by the Daily Business Review.
About the Speakers
Mitchell E. Widom, Partner, Litigation
Mitchell E. Widom is the practice group leader of the firm's Litigation Group. He has a broad commercial trial practice with extensive experience in numerous jury and non-jury cases. Among other civil matters, he has handled litigation involving class actions, multi-district litigation, antitrust, probate and will contests, construction, intellectual property, partnership disputes, insurance, land use litigation, and bankruptcy preference and fraudulent transfers. Mr. Widom has represented major corporate defendants in lengthy and prominent jury trials.
Wendy Polit, Associate, Litigation
Wendy Polit is an Associate in Bilzin Sumberg's Litigation Group where she focuses her practice on complex commercial litigation matters, including class actions, antitrust and international arbitration and alternative dispute resolution. Wendy has represented clients in significant litigation matters both in state and federal court, as well as multi-district litigation.