The real estate attorneys at Schorr Law have handled many purchase and sale disputes for both buyers and sellers. The disputes arising out of the California Association of Realtor’s form contracts we enjoy because we routinely get our clients awarded their prevailing party attorneys’ fees. In fact, as recently as last week, in an arbitration then pending before ADR Services, Inc., Schorr Law was successful in obtaining an arbitration award providing for 100% of Schorr Law’s attorneys’ fees to its client.
Typically, in determining whether to award prevailing party attorneys’ fees the court will engage in a three step analysis. First, the court determines whether the party is actually the prevailing party. The general standard for this is determining whether the party claiming to the be the prevailing party obtained their litigation objective – did they win or obtain the result they were seeking. Second, the court looks at whether the hourly rate the attorneys charged is reasonable. Third, the court determines whether the number of hours spent on the matter was reasonable in light of the circumstances of the case. After analyzing these three factors the court or arbitrator then makes its attorney fee award.
Fortunately, most purchase and sale agreements executed in California have a prevailing party attorney fee provision which allows the prevailing party to recover its attorneys’ fees.
For more information on your purchase and sale agreement dispute contact us at Schorr Law, APC, 12100 Wilshire Boulevard, Suite 1050, Los Angeles, California 90025, 310-054-1877, firstname.lastname@example.org