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Attorney Fee Provisions Series

Debt Collection, Legal Update, and Real Estate Law

The attorneys at Brewer Offord & Pedersen LLP put together an Attorney Fee Provisions Series. We hope that these blogs can provide our colleagues with valuable information regarding the potential to recover attorney’s fees after prevailing in a dispute. Additionally, we hope these blogs will serve as a point of reference for our entire network to aid in understanding legal fee provisions. As always, give us a call at (650) 327-2900 if you think you have a real estate matter and need legal representation or visit us on the web at

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By: Henry Chuang, Esq. (Click image for bio)

Can You Really Get Those Attorneys Fees?

One of the key considerations in any real estate purchase dispute is the attorney fees provision. Given the expense of litigation, many times, the attorney’s fee quickly exceeds the damages in the case. However, a recent California case has placed limitations on the recovery of attorney fees…

Cross Complaints May prohibit You From Collecting Attorney Fees.

Recently, there have been a series of decisions in California that have limited the recovery of attorney fees. Now, the California Court of appeal has held that a defendant who prevailed in a lawsuit could be barred from recovering attorney fees because he also  filed an unsuccessful  cross-complaint in the same action…


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By: Simon Offord, Esq. (Click image for bio)

Party Awarded Attorney Fees Despite Losing Contractual Claims (Video Blog).

Attorney fee provisions often drive lawsuits, and become a significant battle after the trial is over.  The recent case of Maynard v. BTI Group was no exception.

Catherine Maynard entered into a listing agreement, engaging BTI Group Inc. to broker the sale of Maynard’s retail business. The agreement provided for reasonable attorney fees to the prevailing party in the event of a dispute between the parties. Specifically, the attorney fee provision stated…

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Can A Buyer Back Out of a Non-Contingent Offer?

by Simon Offord, Esq. on October 2, 2018

In my last article, we discussed liquidated damages in the context of a residential real estate purchase contract.  This article will examine whether a buyer may have a right to back out of a contract and receive their full deposit [Read More]