Does an attorney fee provision in a real estate purchase agreement extend to costs incurred in litigating tort claims?

Attorney fee provisions have been held to extend to costs incurred in litigating tort claims only where the language is more expansive. For example, in Santisas v. Goodin, supra, 17 Cal.4th 599, where the attorney fee provision in the real estate purchase agreement applied to all claims "arising out of the execution of the agreement or the sale," the court found the provision was "phrased broadly enough" to "embrace[] all claims, both tort and breach of

Page 14