http://story.news.yahoo.com/news?tmpl=story&u=/wbal/20041119/lo_wesh/2462124
Read this in the news recently...while I don't believe it'd be
smart
to sign this contract, I am curious as to how enforcable such a
clause
really is. Seems the builder should have put the effort into
building
a house right instead of trying to prevent people from talking about
how shoddy they were.
The website doesn't contain the actual clause, but if it's properly
drafted, it's enforceable. There is no reason that a homeowner should
not have the right to sign a contract promising not to talk about a
builder. The clause should not (and probably does not) prevent the
homeowner from suing or arbitrating over whatever defects there are in
the construction. There are no first amendment rights involved. The
constitution prohibits the government from interfering with freedom of
speech. It doesn't prohibit private companies and homeowners from
entering a contract containing a restriction on speech.
McGyver
