QUESTION

Breach of contract by buyer. Seller lives in VA and buyer lives in MI. Breached this year. Where will the "case" be heard?

Asked on Feb 24th, 2016 on Civil Litigation - Virginia
More details to this question:
Contract over breeding of a dog. Contract states that buyer will be held accountable for a $15,000 fine if breached, and all legal cost would be that of the buyer. Buyer is claiming an accident. Is the buyer responsible for costs? More importantly, in what state will the case be heard? Keep in mind, the contract also stated all legal hearings would be in the state of the seller. Thank you
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1 ANSWER

Appellate Practice Attorney serving New York, NY
A contractual choice of forum provision (i.e. that "all legal hearings would be in the state of the seller") is generally enforceable. so the case would be heard in Virginia.  Absent such a provision, the case probably could have been heard in either Virginia or Michigan.  However, the "$15,000 fine" is probably not enforceable.  It will likely be considered a penalty, and therefore unenforceable, rather than a valid liquidated damages provision. "Costs" are not the same as attorneys' fees.  "Costs" are minimal, i.e. filing fees, fees for service of the complaint, etc.  IF you meant to include attorneys fees, generally you would have to be much more specific, and also provide for mutuality, i.e. that the losing party will pay the winner's attorneys' fees, whomever wins.  At any rate, regardless of the contract, I don't think the buyer would be responsible for costs or attorneys' fees if the buyer wins the case. 
Answered on Feb 24th, 2016 at 4:20 PM

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