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WRITTEN AGREEMENTS NEED FOUNDATION TO BE SOLID

By
Real Estate Broker/Owner with people first...then business Ran Right Realty 636943 licensed to thrill

Having someone just sign something doesn't mean you won. In fact, if you rely solely on someones signature to make a point, you may be in for a shock should they ever contest it. There is a lot going on before, during and after the written agreement. The statues, rules and laws in regards to written agreements remain strong, but other factors are present too

WILLS FOR INSTANCE

It is required that a person be of sound mind, that they know what they are doing, that it makes sense and in some instances requires a witness or even two. Anyone signing something in bed or the hospital is highly suspect. Just getting a signature on something doesn't guarantee a win if contested. A trial has a way of bringing out many things besides signatures on a page

ITS A LOT TO TAKE IN

I don't expect people who first read a multiple page rental agreement, listing contract, loan document, or even general contract to understand the literal written words as presented. However, we did not just meet by chance and I forced you to sign all this either. Here is what I am getting at..

WE WENT OVER THIS DIDN'T WE?

I usually go over an agreement way before they are presented for signature. I do it through dialogue, questions and answers and redundancy. At some point, I introduce the controlling written reference to what we are doing and we spend time at this stage. Not time insuring they understood. NO..that is not realistic. We spend time so they remember we spent time.

AFTER A 1/2 HOUR...WE EITHER DID OR DID NOT

When it is revealed that 1/2 hour was spent instead of 3 minutes, it is harder for the person alleging anything contrary to the agreement to remain credible. Memory of taking the time and... after time taken, then signing that we have met and discussed what we are doing is pretty hard to deny later on

WHAT'S THE RUSH?

Conclusion: I don't rush anyone into anything. I do make it part of my business model to discuss where we are, what we are doing, how we will proceed and the possible outcomes. This meeting of the minds is what will govern and prevail and not some shrewd after the fact denial fudging...

Roger D. Mucci
Shaken...with a Twist 216.633.2092 - Euclid, OH
Lets shake things up at your home today!

We can only do so much when it comes to those that are signing understanding everything they are signing.  I agree not to rush anyone into signing anything and explaining long before it's time to actually sign, but that still doesn't guarantee that they understood everything.

I'm agreeing with you Richie.............but this is a tough one.  I know myself that after a few minutes of someone explaining something complex to me, my mind shuts down.

Jul 11, 2012 12:45 AM
Richie Alan Naggar
people first...then business Ran Right Realty - Riverside, CA
agent & author

Roger...it's true it is a tough one and is designed to bring out the adult in us all...I will say this. The days when a deal was driven by the conscience powered by the welfare of the parties has been slightly tainted. But that system holds rain or shine because the truth of anything is as far as you can take something. Motives and truth....they rule the day. Someone who wants their house sold and then doesn't like the outcome cannot allege they never wanted to sell...This applies to everything we do...Good to have you stop in...Roger

Jul 11, 2012 12:54 AM
Dan Hopper
Dan Hopper - Gold Way RE - Westminster, CO
Colorado Broker / Referral Services

Always a good idea, Richie.  Part of our duties is to ensure we educate the public in regards to the written agreements.  After, a contract is signed, create a letter emphasizing the deadline dates and the importance of each one.  A great way to help the client remember you went over it.

Jul 11, 2012 01:12 AM
Richie Alan Naggar
people first...then business Ran Right Realty - Riverside, CA
agent & author

Hello Dan...now there is a good suggestion which really translates to hands-on which has never failed me Dan...

Jul 11, 2012 01:49 AM