I advise, negotiate, and draft contracts for a variety of matters on behalf of individuals and business owners.
With every agreement my focus is on understanding client objectives, protecting client interests, and seeking to fully document all terms and conditions of the matter at hand. Part of my role is to consider the possibilities of adverse events or actions that may occur, and to determine how best to protect clients in such instances, to the extent possible.
Many contractual disputes arise not because of the failure of one party to perform their obligations as set forth in an agreement, but rather out of expectations that were not addressed or left vague in an agreement. Thus part of my job in negotiating and drafting contracts on behalf of clients is to seek to make clear the required obligations so that uncertainty and ambiguity can be avoided.
Purchase and Sale Agreements
In purchases and sales of significant assets, it is normally important to protect the rights of buyers against undisclosed conditions or matters that may adversely affect the value of the assets being purchased. As an example, the buyer of a business may not fully appreciate the condition of a business until after they are running it, and a homeowner may not be able to fully assess the condition of a home until after it is purchased.
In addition to retaining experts to help assess the condition of a business or home prior to purchase, buyers can protect themselves against uncertainty legally through representations and warranties (and sometimes indemnities) made by sellers. Representations and warranties can serves as a specific breach of contract cause in the event they are not correct; whereas without these terms, a buyer would have a much weaker case.
When representing purchaser or buyer clients, I help them understand some of the key aspects that can occur, and advise of any possibilities to reduce risk through the matters noted above. While it is impossible to foresee all events and circumstances, often those that occur the most frequently in similar transactions can be addressed.
I Would Look Forward to Helping You with Your Contract Issues
I offer a free initial phone consultation so that I may learn about your matter, and would welcome the opportunity to meet with you and discuss your specific needs.