Can builder bar home buyers from jury trial?
Dec 4, 2010 - Firm News & Press Releases
Because Ivan and the 12 other home buyers had no bargaining power, the judge continued, the contract presented to them by the home builder was a contract of adhesion. Its provision for “judicial reference” to a court-appointed referee was unconscionable, he ruled. Therefore, Ivan and the other home buyers are entitled to a court trial with a jury, and they can recover punitive damages from the home builder if justified by the facts, the judge concluded.