Users' questions

How is the English language used in a contract?

How is the English language used in a contract?

Contract Language. This Agreement, together with the Exhibits hereto are executed in the English language. The Parties confirm that they fully understand and agree to be bound by the terms and conditions of this Agreement notwithstanding that it is prepared and executed in English.

What happens if you dispute the language of a contract?

In the event of litigation or other dispute concerning the language of this Contract, general rules construing ambiguities against the drafter shall not apply. It is agreed that if more than one copy of this document may be executed and that the original filed with the City shall be deemed to be the controlling original. Contract Language.

How to protect yourself when signing a contract?

Go to a different bank or credit union and check if you can get a loan. They might be willing to loan for a higher interest rate. You might also consider online lenders, who might be more willing to loan to your business. Review contracts with your business lawyer.

How to write up a seller financing contract that protects?

For example, the contract might include an interest rate that increases annually, or a sizable balloon payment scheduled to be paid just a few years into the loan. While this financial incentivizing has long been the practice in seller financing contracts, it’s no longer so cut and dried, legally speaking.

How can a seller protect themselves from misrepresentation?

Accordingly, sellers can best protect themselves from liability for misrepresentation by taking the following steps: 1 using an “as is” clause in the real estate purchase contract; 2 granting broad inspection rights to the buyer; and 3 disclosing any defects known to the seller that are not readily discoverable by the buyer.

Can a contract with an entire agreement be misrepresented?

Any amendments or modifications of this agreement shall be in writing and executed by the contracting parties. It is important to note that the entire agreement clause does not cover misrepresentation. The clause cannot be used in cases where one or both of the parties have acted in bad faith.

How to protect yourself in an entire agreement?

Protect Yourself in Contracts with an Entire Agreement Clause. A majority of contracts contain an entire agreement clause. Also known as an integration clause or merger clause, an entire agreement clause declares that the contract represents the complete and final agreement, thereby protecting the contracting parties.

When does an as is clause protect a seller?

An “as is” clause will protect a seller from the duty to disclose property defects if: the seller is unaware of the defects; the seller knows of the defect but remains silent, and the defect is one that is readily discoverable by the buyer through reasonable investigation.