Consumer Law, Warranties Can clause below deemed invalid?

[lybrand]

Hello,

I filed small claims court against company which I had signed contract with. Contract had provision below. They countersuit me asking for recovery of legal fees. I briefly spoke to attorney and he told me that this clause shall be void since it prevents equal access to court system or something of that nature guaranteed by constition. Am I making any sense?

Defense Costs: In the event the purchaser files suit against Company, Inc. or its inspector, the purchaser agrees to pay all the
company's legal fees, costs of expert witnesses, court costs, costs of depositions and all other such expenses incurred by Company,
Inc. if the purchaser fails to prevail in the lawsuit

 

[army judge]

Hello,

I filed small claims court against company which I had signed contract with. Contract had provision below. They countersuit me asking for recovery of legal fees. I briefly spoke to attorney and he told me that this clause shall be void since it prevents equal access to court system or something of that nature guaranteed by constition. Am I making any sense?

Defense Costs: In the event the purchaser files suit against Company, Inc. or its inspector, the purchaser agrees to pay all the
company's legal fees, costs of expert witnesses, court costs, costs of depositions and all other such expenses incurred by Company,
Inc. if the purchaser fails to prevail in the lawsuit

That means what it says.

If you sue them and you fail to prevail, they'll try to get you to pay their legal fees and other fees associated with defending the lawsuit.

However, only a judge can order you to pay those fees.

So, if you win, they'll owe you (or you may not owe them), depends on why you're suing.
Don't tell me, I don't need to know.

If they prevail, the passage you cite, becomes moot.

So, what you do, is up to you.

I wouldn't waste me time in small claims court.

Even when you win, you often lose.

Why?

You don't get paid, you just walk out with an IOU, if you prevail.

Then its up to you to collect the IOU.

Good luck.