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Posts tagged "Contracts"

Commercial Landlords: Lease Disclosure Update

Commercial Real Estate landlords are currently required to disclose in their lease whether the property to be leased has been inspected by a Certified Access Specialist ("CASp") and if so, whether the property has or has not been determined to meet all applicable construction related accessibility standards.

Arbitration Agreements in Employee Contracts - Potential Litigation

Arbitration Agreements in employee contracts are receiving close scrutiny by the California courts. While the state laws favor enforcement of valid arbitration agreements, the courts are reviewing the mandatory arbitration agreements in the employment arena to ensure the arbitration provisions are not unconscionable. The courts will not enforce an arbitration agreement that is unconscionable or contrary to public policy.

You Won in Court - Now What?

Litigation is common in real estate matters, mobilehome parks and businesses. Many clients view the trial as the end but often do not realize that obtaining a monetary judgment and actually collecting the dollars can be two very different things.  Statistically about 80% of all judgments awarded are never collected and for many collection is the most difficult part of winning a lawsuit.  While the court has the sole responsibility to award the judgment, once the successful party has the judgment, it is their sole responsibility to enforce the judgment and collect the dollars.

Equestrians Be Aware in the Purchase of a Horse

Why should you, an Equestrian be aware in the purchase of a horse? You can often be too trusting. For many, the purchase of a horse involves quasi-contractual relationships and a mix of agents, trainers, sellers and other miscellaneous parties. With such a complex mix of interests at stake, many owners spend substantial amounts of money on horses that they only find out later, are not actually registered to them as owners.

Be careful what you say during contract negotiations or at signings in CA

The California Supreme Court extended litigation risks when Selling, negotiating, inducing someone to sign an agreement with you prior to or atthe time of signing can now lead to litigation.  A new sequence of cases makes it easier to litigation fraudulent inducement cases.

We hear clients in despair stating "I want my day in the San Diego Courts; what do you mean I signed away the right to go to the San Diego Courts?"

Many real estate sales contracts, leasing agreements, medical agreements, and many other types of contracts have a provision which mandates that in the event of a dispute, you agree to "Binding Arbitration" and waive your right to go to court and have a jury trial. Binding Arbitration means that within the procedure set forth in your agreement or contract, you and the other party, alone or with your attorneys, select an arbitrator to hear your matter rather than a judge and/or jury. The decision of the arbitrator is final, with very limited rights to appeal the arbitrators decision. The procedures for handling the arbitration may be spelled out in your agreement or contract, or may be by reference only to a specific group that provides arbitration services with set procedures for handling the arbitration. The procedures may limit additional rights such as the right to demand documents, take depositions, and other discovery rights that are available when the matter is handle through the courts. Therefore, it is important to review and understand the full terms and conditions related to a "Binding Arbitration" provision contained in any agreement or contract.

Why are the Provisions in a Contract Important?

Whether the contract is for an entity such as a partnership or an operating agreement, bylaws or declaration of restrictions, lease or rental agreement, for services and goods, or for an estate plan, the contract is the document used to manageyour relationships, and prevent legal disputes.

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Loftin | Bedell P.C.

Loftin | Bedell P.C.
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Carlsbad, California 92009

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