Buyer beware, the importance of the fine print

Robert Johnson is a grocery store clerk in Huntington Beach, California.
He is also a homeowner with a problem that he perceives as a civil
rights violation and fraud, perpetrated by the city he lives in and a
local developer. Understandably, Johnson has chosen to pursue a legal
solution to his concerns.

He's not alone, either. Dozens of Johnson's neighbors were originally
part of a lawsuit that was brought in an attempt to rectify he
situation. Today, Johnson is the last plaintiff standing. His neighbors
have dropped out of the case for a variety of reasons.

Johnson is not just the last of the plaintiffs to still be pursuing the
case. He is also acting as his own attorney. A recent newspaper article
suggests that the city's attorneys have indicated Johnson may be on the
hook for as much as $10,000 in litigation costs if he loses the case.

It's a fair bet that given the chance, Johnson and each of his
previously fellow plaintiffs would love to have avoided this legal
battle altogether. The city and the developer more than likely share
that sense of regret.

Ironically, perhaps the solution to the issue at the heart of this
lawsuit would have been best implemented before the disagreement even
became a factor in their lives. You see, the disagreement revolves
around legal documents that were signed when the plaintiffs homes were
sold. The same homes that Johnson and his neighbors purchased and moved
in to.

While the purchase of a home is an exciting time, it can also be
stressful, confusing, and in the worst case scenario – the most
debilitating financial mistake of your life. Whether the court finds in
favor of Johnson or not, it is apparent that this litigation has come
about due to a lack of clarity regarding what the various documents
involved in the purchase actually meant.

Was Johnson well informed when he signed that stack of paperwork at the
closing? I have no idea. But the fact that his case has come this far
indicates that he doesn't feel he was well informed, while the litigants
on the other side of the table feel otherwise.

The lesson in this case may be that the best insurance against an
expensive, time consuming litigation may just be having a trusted lawyer
at your side on closing day. A few hours spent discussing options,
asking questions, and clearing the air before closing just might prevent
a lifetime of worry and regret. At least that appears to be the case for
Mr. Johnson and his neighbors, and anyone else who buys real estate
without being absolutely sure what their purchase contracts obligate
them to, or bar them from.

Unfortunately for some, this is a lesson learned too late, and at too
great an expense.

You can read more about Mr. Johnson's case in the Orange County
Register, at:
http://www.ocregister.com/articles/johnson-248980-city-case.html