Categories: News

Nebraska Court Finds That Jury Trial Waiver in Escrow Agreement is Enforceable

A Nebraska District Court recently held that a jury trial waiver provision in an escrow agreement was enforceable.  In DAB Incorporated v. Sunbelt Rentals, Inc., a real estate purchase agreement incorporated the terms of an escrow agreement.  A term of the escrow agreement was, in short, that the contracting parties agreed to waive their right to a jury trial for any dispute “arising out of or in any way related to this escrow agreement.”  A purchase agreement dispute arose between the buyer and seller.  The court said that the jury trial waiver was enforceable and applied to any dispute arising under the purchase contract.  The court noted that both parties in the transaction were sophisticated and had lawyers.  This opinion, once again, reinforces the trend that jury waiver and arbitration provisions in escrow agreements are frequently found to be enforceable.  This is good news for those individuals and companies that prefer having complicated real estate issues decided by a judge instead of a jury.  

Published by
Nathan Osborn

Recent Posts

Six Montgomery Little & Soran attorneys selected as 2024 Super Lawyers

Montgomery Little & Soran proudly congratulates James J. Soran, III, Nathan G. Osborn, and John…

10 months ago

Use of statutory exceptions continues to rise in Colorado real estate transactions.

In 2019, the Colorado Legislature enacted a bill under which the buyer may accept title…

11 months ago

Divorcing a Narcissist and Thinking Strategically

Divorcing a narcissist will often be physically and emotionally draining. Expect that a narcissist will…

2 years ago

Happy Holidays From Montgomery Little & Soran

All of us at Montgomery Little & Soran wish you happy holidays and a healthy…

4 years ago

CARES Act and the Bankruptcy Code

by Brent W. Houston  The Coronavirus Aid, Relief and Economic Security Act (CARES Act), enacted…

5 years ago

Our firm is Open

Our firm has implemented recommendations suggested by the Center for Disease Control (CDC), the State…

5 years ago