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Negotiation and Drafting of Real Estate Contracts, Leases, and Other Agreements

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 online forms or templates 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 the contract or agreement in accordance with your concerns and the applicable law 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 that you have thought through all of the issues which may arise and that you have addressed them in the contract or agreement, instead of waiting 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 is a standardized form presented by the other party. However, there are many provisions in a contract that are often one-sided in favor of one party over the other.  Therefore, it is always a good idea to have an attorney review a contract, lease, or any other agreement before signing it.  Although you may have the specific terms negotiated and worked out, there are usually standard and boilerplate terms and provisions in a contract or agreement 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 that all the kinks are ironed out; however, you may have a certain right under your situation of which you may not be aware.  With all the laws, statutes, and other general principals that may be applicable to your contract or agreement, you will need someone with the necessary legal knowledge to draft, review, or modify the contract or agreement with your best interests in mind.  At DesChamps Law Firm, we understand that often times what is “right” may not always be “practical” and, at the end of the day, we try to advise you so that you will make an informed decision that is right for you.  We also understand that sometimes you have to balance what is best for you versus what the other party will agree to.  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. However, 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.

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  • Myrtle Beach Office
    1357 21st Avenue North, Palmetto Business Center, Suite 102
    P.O. Box 2402
    Myrtle Beach, South Carolina 29578
    Phone: 843-448-2391
    Fax: 843-448-3308