A couple of days ago, I got a call from one potential client. She is having problems with her contractors and wanted to know her rights and her contractor’s responsibilities. Many times during the phone call, I asked her “what does the contract say about this?….” After asking the same question about five times, referencing back to the contract, she finally told me, “but the contract is so unfair…”
So this is the lesson that we all can learn from. If you feel the contract and its terms are unfair or one-sided, the best time to raise that concern is before signing the agreement, when further negotiation is still possible.
Raising that issue after the signing is a little bit too late. We all have the responsibility to read and make sure we understand the terms of the contract, and if you don’t agree with the terms, don’t sign the contract. If you do, that means you agree to it, and hence, you will be bound to the terms (so is the other side).
You can complain about the contact being unfair; but unfortunately, you can’t rewrite the contract just because you later find one of the terms is not advantageous to your side unless the other side agrees to the changes. It is not a defense to breach of contract, and you may not gain any sympathy from a Court.
The best way is, before you sign the contract, have your contract reviewed by an experienced business attorney so you understand the terms and how they will affect you; also the attorney can address all your questions and answer your concerns.
The attorney you retain should know you and your business well, specializing in business matters. That way, he or she will then be able to interpret the contract in the language of your business and with the understanding of your business objectives.
Many of our clients have hired us as their business attorney, and use our firm as their legal department. We value the business relationship and our first priority is to know our client’s business inside and out. That way, when they call us to review the contracts before they sign, we can quickly deliver effective advice and to make sure that that there are no loopholes in the contracts that are disadvantageous to them, and clients are not stuck with contracts with one-sided and unfair terms.
As a result, my clients are able to run their businesses without worries or concerns about the underlying legal consequences of signing contracts because they know that the risks have been minimized, and if there are any down-sides to the transaction, they will be dealt with and be taken care of by our firm efficiently.
Want to have the same kind of peace of mind?
Call us now for a cost-free Risk Discovery call, and let’s talk about how we can help you to run your business without worrying about the underlying legal consequences.
We normally charge $825 for the Risk Discovery Call and can only do 10 cost-free Risk Discovery calls each month. So call now to reserve your spot!