clauses: SMALL and LARGE PRINT
- 01/08/19 09:33 AM
It pops up everywhere you go. It is where disclaimers, liability waivers and insurance rate protectors put all their "told you so" information so that you cannot claim later on that you did not know. You see when you litigate something, you find out what works and what doesn't. That's how a one page agreement becomes a 20 page small print agreement IS THIS YOUR SIGNATURE While we are on the subject of litigation, the dreaded question of questions is going to be brought up and it is this: Is that your signature on this page? Are those your initials? All this does … (5 comments)
clauses: WHAT DOES THIS PARAGRAPH MEAN?
- 08/21/16 11:20 PM
It is going to happen, has happened and continue to do so. In Real Estate, it is not uncommon to see multi-page documents, several of them that require initialing and signatures and that is just when we get started. After that comes several more, one after another until we reach the land of no more signatures called close of escrow RULINGS AND WORDS Within all these documents are boiler plate or standard language as well as specifics that have to be there because someone somewhere a long time ago challenged this subject paragraph and the courts ruled the current paragraph wording necessary. But then, what does … (5 comments)
clauses: SIMPLICITY AND SMALL PRINT IS A PARADOX
- 03/20/14 12:17 AM
Simplicity is actually your default state. People know how to do things (and when) without being told as a rule. It is when we all come together in large groups that some order or direction is needed to maintain the welfare or the common good for all IT CAN GET COMPLICATED Sometimes the rules are clear and easy to comply with and sometimes they are not. The nature of every activity, organization and game is defined by these rules. If it is important that we understand so we can comply. Reading up on these local, state or federal rules can be daunting THE … (0 comments)
clauses: MOTHER OF ALL RENTAL AGREEMENTS WAS OUR BRANDING
- 12/10/13 08:38 AM
For over 20 years (1972-92), I visited the different courts across Southern California while managing properties and doing my own Unlawful Detainers, small claims actions and disputes and while waiting for my cases to be called, I heard everyone else's case. FROM THE JUDGES MOUTH TO MY EARS Anytime they ruled in favor for or against a clause in a contract, I took note and changed my contracts accordingly. The result? I had the premiere rental agreement in the business for years...it was coveted by landlords, treated tenants fairly and all the courts always agreed and honored it... REAL ESTATE: … (37 comments)
clauses: SANTA CLAUSE NO RENTAL CLAUSE part 2
- 11/24/13 07:06 AM
A Rental agreement that contained all the necessary clauses to protect the landlord and to serve the tenant. There was a time when the stationary store is where you bought all your contracts and agreements. I found the ones they had for sale lacking but better than nothing. It wasn't long before the demand for a good rental agreement took off and became our calling card.. COPY RIGHT HARD TO ENFORCE At first, we wanted to copyright it. But a close examination revealed just how hard that would be to enforce or prove. So we did the next best thing. We marketed that … (0 comments)
clauses: SANTA CLAUSE NO RENTAL CLAUSE part 1
- 11/24/13 07:05 AM
Gonna find out who is naughty or nice Santa Claus is not involved here. BUT MR. RENTAL CLAUSE is. Landlords and tenants and the GLUE that binds them. I am talking about RENTAL AGREEMENTS and how you want one a good one upfront and not have to wish for anything later on. Let me emphasize that this protection is for both parties too.. THE BASICS ARE REQUIRED It is very important to have an agreement that covers all the obvious and not so obvious points of a tenancy. I want to call to your attention that there is nothing new under the sun on this … (0 comments)
clauses: CONTRACTS DEFINE RULES OF ENGAGEMENT
- 11/08/13 03:32 AM
It is interesting to note that contracts are written with the awareness of litigation. In other words, they are not forms of entertainment but closer to Rules of Engagement or R.O.E.....Comply and you need to know nothing more. Don't comply and the contract can leave some "bite" marks that either require treatment or cure or may keep biting until dealt with PARTIES MUST BE WILLING People come willingly into a contract arena. Parties make their wants and needs known and the contract allows them to take place within a specified performance arena. Boundaries, parameters, clarity of purpose, deadlines and then resolution all come under … (2 comments)
clauses: IS THIS YOUR SIGNATURE YES BUT....
- 08/23/13 02:15 AM
If someone answers Yes and then says... but I didn’t know what I was signing, a potential lawsuit or one in the making continues on with lots of variables to come. It is important that clients and principals examine, question and are aware of what is taking place when you are asking them to sign something. You see that little scribble can become a serious game changing event should something go wrong. At the prices that Real estate gets traded for, that can cause some serious hurt and damage. WE'RE AGENTS NOT ATTORNEYS Don’t confuse this with taking on … (4 comments)
clauses: MONTH TO MONTH DOES NOT COMPEL YOU TO STAY
- 01/18/13 01:05 AM
Landlords have agreements that protect them and insure reasonable rights to the tenant too. Month to month agreements are designed so that all the parties involved can cancel an agreement by giving thirty notice. By contrast, a lease for one year or more offers other dynamics. At all times, what is in writing prevails THE CONTRACT GOVERNS I don't look for lawsuits and in fact I operate so that I don't attract them either. My contracts have the language that wards off any potential mischief but problems will surface and my business plan calls for solution and remedy rather than confrontation followed … (8 comments)
It pops up everywhere you go. It is where disclaimers, liability waivers and insurance rate protectors put all their "told you so" information so that you cannot claim later on that you did not know. You see when you litigate something, you find out what works and what doesn't. That's how a one page agreement becomes a 20 page small print agreement
;)
;)
;)
