If I prevail in a breach of contract court case against the seller of real estate, will the court order the seller to pay for
my attorney's fee in addition to ordering the seller to refund my down payment and upfront costs already paid?
Attorney Answers
4
Steven Smollens ·
Dear New York Plaintiff:
You are a long distance from your attorney fees if you must sue to establish a breach of contract. No one would suggest you omit other claims from your complaint. Whether you prevail on the breach of contract cause of action or not will drive any other damage claims you have. If you are at the point of lawsuit the seller's attorney already turned down you request for a return of the contract deposit and likely may need a lawsuit to determine the party entitled to the down payment.(see http://codes.lp.findlaw.com/nycode/CVP/10/1006)
0 upvotes
Eric Rothstein ·
You only get attorney fees if the contract provides for it.
0 upvotes
Jack Mevorach ·
Legal fees can be recovered if a statute, court rule or contract provision permits.
0 upvotes
David Kasell ·
Unless the contract (or applicable law) provides for attorneys fees you are not going to get them. That does not mean you can't ask for them.
0 upvotes
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