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Odds and Ends
Did you know that only 2% of homeowners ever challenge their property tax assessments? But the ones who do have a 75% success rate!
What if the dying inner cities of a generation ago will now be replaced by dying suburbs as gas prices soar? We're already seeing evidence of revitalized city centers and emptying suburbs full of McMansions. Temprorary blip or permanent restructuring?
A court in California ruled that the clause in a new home purchase contract mandating that disputes after settlement go through binding arbitration rather than court was "unconscionable" and therefore unenforcable. The court said it was unconscionable because of "oppression" and "surprise". According to the court "oppression arises when the parties have unequal bargaining power, leading to no real negotiation and lack of meaningful choice. Surprise may arise when challenged terms are hidden in a 'prolix wordy or long-winded printed form' drafted by a party in a superior bargaining position." I find the rationale in this as interesting as the decision itself. What does this say about builder's contracts in general?
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