Newmeyer Dillion Defends National Homebuilder From Purchase Contract Cancellation in Las Vegas

Newmeyer Dillion successfully defended a national homebuilder against claims brought by purchasers seeking to cancel the purchase contract for a new home in Las Vegas. Claimants demanded a refund of deposits that the contract stated were nonrefundable and that were unlikely to be recouped if the home was later sold to another buyer with different tastes. The dispute was the first to test the homebuilder’s Nevada-specific contract, which we drafted and tailored from the homebuilder’s California contract with an eye toward managing litigation risk in the jurisdiction in order to protect the client from the outset. Our strategy focused on demonstrating that the provisions of this Nevada-specific purchase agreement protected the homebuilder throughout the construction process and did not entitle the claimants to a refund. Ultimately, the arbitrator agreed that our client was not required to issue a refund or provide a credit to the claimants towards the purchase of a new home, in a rare total defense arbitration award.