Does this contract item preclude me from suing

[Jedi Master]

Jurisdiction

Florida

Hi,

If I have a dispute can I still go to court or am I waiving my rights?

In any litigation arising from this Agreement, (1) Florida law shall govern, (ii) Venue shall be in Charlotte County, Florida and (iii) the prevailing party shall be entitled to an award of its reasonable attorney's fees and court costs (including appeals) from the non-prevailing party. Any ambiguity herein shall not be automatically construed against either party as both Buyer and Builder shall be considered the drafter of this Agreement. This Agreement may be executed in counterparts, each of which shall constitute an original and all of which shall constitute one and the same document. Signatures heron by facsimile shall be enforceable as originals.


BUILDER AND BUYER HEREBY KNOWINGLY, VOLUNTARILY AND INTENTIONALLY WAIVE THE RIGHT ANY OF THEM MAY HAVE TO TRIAL BY JURY IN RESPECT OF ANY LITIGATION BASED HEREON OR ARISING OUT OF UNDER OR IN CONNECTION WITH THIS AGREEMENT AND ANY COURSE OF CONDUCT, COURSE OF DEALINGS, STATEMENTS (WHETHER VERBAL OR WRITTEN) OR ACTIONS OF ANY PARTY HERETO.

 

[army judge]

BUILDER AND BUYER HEREBY KNOWINGLY, VOLUNTARILY AND INTENTIONALLY WAIVE THE RIGHT ANY OF THEM MAY HAVE TO TRIAL BY JURY IN RESPECT OF ANY LITIGATION BASED HEREON OR ARISING OUT OF UNDER OR IN CONNECTION WITH THIS AGREEMENT AND ANY COURSE OF CONDUCT, COURSE OF DEALINGS, STATEMENTS (WHETHER VERBAL OR WRITTEN) OR ACTIONS OF ANY PARTY HERETO.

If one were to read the above paragraph WITHOUT taking onto consideration the ENTIRE contract verbiage, YES, you're waiving your right to a jury trial.

In any litigation arising from this Agreement, (1) Florida law shall govern, (ii) Venue shall be in Charlotte County, Florida and (iii) the prevailing party shall be entitled to an award of its reasonable attorney's fees and court costs (including appeals) from the non-prevailing party. Any ambiguity herein shall not be automatically construed against either party as both Buyer and Builder shall be considered the drafter of this Agreement.

However, the first paragraph you posted (the one hereinabove) says in a rather obtuse way that the parties can pursue litigation.

You should never sign any contract UNLESS you have had it reviewed by YOUR attorney.

I suggest you consult with YOUR attorney regarding the ENTIRE contract.

If you have foolishly signed the contract WITHOUT consulting YOUR attorney, I suggest you consult your attorney anyway.

Why?

Because YOUR attorney can describe just what you have agreed to do, what you have given away, and why you might be further harmed.

Good luck, mate.

 

[zddoodah]

If I have a dispute can I still go to court or am I waiving my rights?

Yes. That you can sue over a dispute should be relatively obvious from the first paragraph since it provides that Florida law will govern any dispute and that venue will be in Charlotte County. The last couple sentences of the first paragraph are standard, boilerplate contract provisions that don't have anything to do with the first sentence.

The second paragraph waives the parties' right to a trial by jury, so in the unlikely event that any lawsuit goes to trial, it will be a court trial (i.e., everything will be decided by the judge).

 

[Jedi Master]

Thank you for the input. I have reached out to lawyer to review prior to executing the contract.

 

[army judge]

Thank you for the input. I have reached out to lawyer to review prior to executing the contract.

You'll never regret that move.

Anytime you buy real estate ALWAYS hire your own lawyer.

Never trust the sellers real estate salesperson, or the seller's lawyer to NOT screw you.

Only you can prevent your fleecing.

 

[Michael Wechsler]

The clause seems to be an awkwardly written waiver of a trial by a jury - which doesn't preclude the possibility of a trial being heard in front of a judge. There are various clauses I've seen - none of which preclude any remedy - but they limit it, e.g. the parties agree that in the event of a dispute they will have their case heard by an arbitrator. This is done often to control costs of litigation and, in some instances, to be heard in a forum which is perceived as being more friendly to the party drafting the clause in the contract.

On the flip side and not trying to make such a clause sound so ominous and devious, depending upon the jurisdiction and type of case, juries can be very pro-plaintiff and not rational. But as @army judge says, you should get your own attorney to be on equal footing with the other party. Good luck.