Reardon Anderson - November 2021

THEY COULDN’T GET THEIR MONEY BACK

SO THEY CALLED US We recently obtained a ruling on behalf of our client ordering Toll Brothers to return improperly held deposit monies. The case involved our clients (the buyers) having to pay a substantial deposit to Toll Brothers in connection with the construction and purchase of a new home — sounds simple enough, right?

home that was being constructed in a new development.

liquidated damages — specifically, that no matter how much money was paid through the deposit, in the event the sale fell through, Toll Brothers would be entitled to keep all of the deposit. The arbitrator found that this was an unenforceable penalty and ruled that Toll Brothers was only entitled to actual damages it sustained. In this case, the actual damages sustained by Toll Brothers was significantly less than the deposit provided. Often, homebuilders require customers to sign contracts that only benefit the builder. It is not uncommon when deals fall through that homebuilders attempt to bully the customer and refuse to return deposits. If you are facing a similar problem, please contact Reardon Anderson so we can help.

Following the execution of the contract, it was determined that the closing could not occur. Accordingly, the buyers sought to cancel the contract and have their deposit returned. Toll Brothers refused. We became involved with this matter and attempted to resolve the case. However, Toll Brothers was not receptive to those discussions. Pursuant to the contract, the matter was tried through binding arbitration. The arbitrator entered an award in favor of Reardon Anderson’s client. In rendering its award, the arbitrator noted that Toll Brothers’ form contract had an unenforceable provision concerning

However, through no fault of our client, the closing did not occur, and they sought the return of their deposit pursuant to the Contract of Sale. Toll initially refused to return the deposit money. After trying the case, an award was issued requiring Toll Brothers to refund a substantial portion of the deposit monies paid by our clients.

In this matter, the buyers entered into a contract with Toll Brothers to purchase a

VEGAN GREEN BEAN CASSEROLE

INGREDIENTS

1 small onion, sliced

2 shallots, chopped 8 oz can mushrooms, sliced 2 cloves garlic, minced 1 lb green beans, cooked

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7 tbsp extra virgin olive oil, divided 1/4 cup and 3 tbsp flour, divided 2 tbsp panko breadcrumbs

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3 cups almond milk

DIRECTIONS

1. Set the oven to broil. 2. In a shallow baking pan, combine onion, 1 tbsp olive oil, 3 tbsp flour, and panko breadcrumbs. 3. Broil for 6 minutes, stirring occasionally. Afterward, preheat the oven to 375 F. 4. In a large skillet, heat 2 tbsp olive oil. Add shallots, mushrooms, and garlic, stirring until tender. 5. In a large bowl, mix mushroom mixture with the cooked green beans. 6. In the same skillet, add 4 tbsp olive oil and 1/4 cup of flour, whisking until golden. Gradually add the almond milk until it thickens, then toss with the green beans. 7. Transfer mixture into a baking dish and cook for 20 minutes. 8. Add onion and breadcrumb mixture on top, then bake for another 5 minutes.

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