DISQUS

Maxsell Real Estate: Haste Makes Litigation Waste: Poor Drafting Renders Option to Purchase Unenforceable

  • Doug Quance · 1 year ago
    While an attorney would have been a great addition to that hasty lease drafting session - a seasoned commercial agent would have put the legal description into that contract.

    Without sufficient property legal description, contracts of sale lack enforceability - as the litigants you described above have discovered... thus proving the old adage "a person who represents himself has a fool for a client".
  • bnix · 1 year ago
    I couldn't agree more with Doug. A seasoned commercial agent can make a big difference in getting the deal done right. Attorney's are also helpful when drafting complex agreements or adding special stipulations to an agreement.
  • Justin · 1 year ago
    Glad to see I stimulated some discussion.

    Agents need to continually be careful when drafting contract language. I see too many times where assumptions the parties understood do not make it into the agreement. Later when there is a problem both parties are unclear on those assumptions or have a foggy memory because it now suits their purposes to say they meant something else.
  • Shane · 1 year ago
    One must never run into decisions without thinking over them properly. A commercial agent can surely help solving the problem.
  • Giles Stevens · 1 year ago
    Real Estate Agents in my humble opinion (I am one) should leave legal work to the legal professional. Not that a good agent shouldn't be fairly cognizant of contract issues that a client might face, I just think their time is better spent on their job specific tasks in terms of opinions of value, negotiations, and marketing. A good agent should certainly weigh in when it comes to how the terms of a contract will play out in the negotiation. However, a good agent should be spending his or her time studying his craft not trying to perfect others (ie. surveying, title work, zoning, structural engineer, architectural work)
  • Giles Stevens · 1 year ago
    Seesmic video reply from Disqus.
  • bnix · 1 year ago
    Seesmic video reply from Disqus.