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[ Follow Ups ] [ Post Followup ] [ The Forum Board ] [ FAQ ] Waiver or limitation invalid as against public policy.. Posted by Ward-CA- on October 24, 2003 at 3:44 PM In Reply to: Language To Protect Against Lawsuit posted by steve on October 24, 2003 at 1:42 PM : ward : in order to discourage one party or the other from running to an attorney and causing all kinds of headaches and potential fees, what are your thoughts of putting a clause into a purchase agreement in an addendum/counter such as : : Maximum liability for default by buyer or seller under this contract shall not exceed $1,000.00 : would that then applicably set a limit for recovery so that it is a small claims issue only?? : thank you =?=?=?=?=?=?=?=?=?=?= Steve, Some rights under law are thought to be so important that the courts won't recognize any attempt to nullify them by waiver or negotiation. I think you'll find it against public policy for any CA court to honor any waiver or limiting of the rights of defaulting homeowners, as recited in Civil Code §1695. Hope this helps. Follow Ups: I Need to Clarify steve 8:34 PM, 10/24/03 (0) Post a Followup: Name : E-Mail : Subject : Comments: : : ward : : in order to discourage one party or the other from running to an attorney and causing all kinds of headaches and potential fees, what are your thoughts of putting a clause into a purchase agreement in an addendum/counter such as : : : Maximum liability for default by buyer or seller under this contract shall not exceed $1,000.00 : : would that then applicably set a limit for recovery so that it is a small claims issue only?? : : thank you : =?=?=?=?=?=?=?=?=?=?= : Steve, : Some rights under law are thought to be so important that the courts won't recognize any attempt to nullify them by waiver or negotiation. : I think you'll find it against public policy for any CA court to honor any waiver or limiting of the rights of defaulting homeowners, as recited in Civil Code §1695. : Hope this helps. Optional Link URL: Link Title: Optional Image URL: [ Follow Ups ] [ Post Followup ] [ The Forum Board ] [ FAQ ] WWWAdmin 2.0a © 1997 Matt Wright and DBasics Software Company, All Rights Reserved

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