Aggeler

FACTS

The Park Owners own real property interests in the Hollywood Beach Mobilehome Park (HBMP). In 2005, HBMP hired NCHC to draft documents relating to the sale of lots for a mobilehome park condominium conversion. The conversion involved subdividing HBMP into "individual lots" and selling them to the residents of the mobilehome park. The Park Owners said their goal was for the lots to be sold at "the fair market" value at "the time of the actual sale of the lots." They claim they retained NCHC to draft contractual provisions to achieve that result. In 2009, Frank Marler and Sandra Marler filed a class action lawsuit on behalf of the park's residents against the Park Owners for specific performance, breach of contract, elder abuse, fraud and other causes of action (the Marler action). They alleged the Park Owners agreed to sell the individual lots to the residents at prices within a range of $110,00 to $150,000. The Marlers claimed: 1) there was a "Cooperation Agreement" (COA) that bound the Park Owners to this price range, and 2) the Park Owners breached that agreement by raising the prices for those lots. The residents sought specific performance. The Park Owners retained…