Homebuilder Series Webinar: Protecting Your Company From Misrepresentation Claims Through Contractual Exculpatory Clauses

Bilzin Sumberg
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Watch an in-depth Bilzin Sumberg Homebuilder Series webinar that discusses protecting your company from misrepresentation claims through contractual exculpatory clauses.

This seminar discusses 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 See more +

Watch an in-depth Bilzin Sumberg Homebuilder Series webinar that discusses protecting your company from misrepresentation claims through contractual exculpatory clauses.

This seminar discusses 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.

The panelists 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.

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