Forum Discussion
DownTheAvenue
Jan 12, 2018Explorer
valhalla360 wrote:DownTheAvenue wrote:valhalla360 wrote:DownTheAvenue wrote:
You would also be very wise in writing down your and the sellers expectations regarding the sale and events occurring after the sale, and both of you sign. It probably would not be a legally binding contract, but spelling out all those issues could save a friendship if something develops.
Actually this is the very heart of a legally binding contract.
While best in writing and signed, even a verbal agreement is legally binding (much harder to prove when things go sour, so do it in writing with signatures)
If he balks at a written contract on a $70k+ item, run away. There is something wrong with the deal.
Since I am an attorney, I am well qualified to render an opinion on what is legally binding. Unless the language is specific to satisfy state law, regardless of what is written it will not be a legal contract and therefore not enforceable in court. I mentioned what I did because both the buyer and seller are friends, and writing down expectations could avoid loosing a friend if something goes sour.
You might be a lawyer but apparently not a contract lawyer.
Yes, there may be the risk of unenforceable contract terms but a written agreement signed off on by both parties is an enforceable contract.
Thank you for your opinion. Even though it is not correct. Unless the language satisfies law, the contract is null and void. The television judges do a big disservice because the viewers then believe that is how the law actually works.
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