Does the award of attorney fees under an Agreement of Purchase and Sale constitute an abuse of discretion?
California, United States of America
The following excerpt is from Americahomekey, Inc. v. Powerhouse Assocs. Inc., B224147 (Consolidated with B226597) (Cal. App. 2011):
Brokers contend the award of contractual attorney fees was an abuse of discretion, because the attorney fee provision in the Agreement was limited to binding arbitration proceedings. Interpretation of a contract is reviewed de novo. (See City of El Cajon v. El Cajon Police Officers' Assn. (1996) 49 Cal.App.4th 64, 71.) We hold that contractual attorney fees were properly awarded.
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