Drafting, Reviewing and Negotiating Real Estate Contracts, Leases and Other Agreements
Why do I need an attorney to draft a contract, lease or other agreement? Can I not just use a form I find online?
It is usually not the best idea to use a form online unless it is a form from a government agency. Forms usually do not take into consideration certain terms and conditions that are specific to your situation. Meeting with an attorney, discussing your concerns and what you expect from the agreement, and having that attorney draft in accordance with same for your review, is the best route to take to avoid later unforeseen problems. Even if the terms are agreed upon and you just need someone to draft the documents for you, you should seek legal advice to ensure you and the other party have thought of all the issues that may arise and address them in the agreement rather than wait until after the situation takes a turn for the worse.
Why do I need an attorney to review my contract, lease, or other agreement?
A real estate contract is a legally binding document between two or more parties. You may believe that you do not need an attorney to help you with a contract to buy/sell or lease real estate as it appears fairly basic. However, there are many provisions in a contract that are often one-sided by the drafting party, especially if it is a form used by that party. Therefore, it is always a good idea to have an attorney review a contract, lease or any other agreement before signing same. Although you may have the specific terms negotiated and worked out, there is usually standard and boiler plate language that should be modified to meet each individual’s specific needs. That is something we can help you with at DesChamps Law Firm.
Why do I need an attorney to negotiate my contract, lease or other agreement?
You may feel that all the terms and conditions are finalized and all the kinks are ironed out, however, you may have a certain right under the situation of which you may not be aware. With all the laws, statutes and other general principals, you need someone looking out for your best interest in mind. We also understand that sometimes you have to balance what is best for you versus what the other party will agree with and make certain that is fair for both parties. We understand that often times what is “right” may not always be “practical” and, at the end of the day, we try to educate you in making the right decision for you. As an example, many homebuilders offer their buyers a warranty issued by a commercial warranty company. They tell their buyers that these warranties will protect them in the future. In fact, builders commonly use the commercial warranty as a selling point. Instead of protecting the homeowner, the commercial warranty protects the builder by excluding all implied warranties that normally the buyer would enjoy, limiting warranties on certain portions of the house, and waiving all rights to a jury trial. Our firm has been successful in attacking a warranty that did not cover the problems by suing the seller rather than the warranty company. Trey DesChamps was successful in his argument before the S.C. Supreme Court in Bradley v. Brentwood Homes, Inc. that, under the facts in the case, the arbitration clause does not enter into consideration, and a suit in state court is available.