Can home buyers reduce the purchase price by reducing the amount of attorney fees awarded against the sellers?

California, United States of America


The following excerpt is from Nautilus, Inc. v. Chao Chen Yang, 11 Cal.App.5th 33, 217 Cal.Rptr.3d 458 (Cal. App. 2017):

In Behniwal v. Mix (2007) 147 Cal.App.4th 621, 623-624, 54 Cal.Rptr.3d 427, this court held that in a judgment granting specific performance to home buyers, the trial court may not authorize the home buyers to reduce the purchase price by the amount of the attorney fees awarded to them against the sellers. This court labelled the trial court's act as an "Ad Hoc Creation of Super-Liens, " without further definition or explanation. (Id. at p. 635, 54 Cal.Rptr.3d 427.)

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