Comments on: Haste Makes Litigation Waste: Poor Drafting Renders Option to Purchase Unenforceable, guest post by Justin Daniels http://maxsell.net/haste-makes-litigation-waste-poor-drafting-renders-option-to-purchase-unenforceable/ Buy, sell or lease real estate in North Metro Atlanta, GA. Homes, office space, industrial warehouse, land and investment properties. Mon, 23 Jan 2012 15:18:28 +0000 hourly 1 http://wordpress.org/?v=3.3.1 By: Justin http://maxsell.net/haste-makes-litigation-waste-poor-drafting-renders-option-to-purchase-unenforceable/comment-page-1/#comment-14526 Justin Tue, 18 Nov 2008 01:11:29 +0000 http://maxsell.net/?p=766#comment-14526 Glad to see I stimulated some discussion.<br><br>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. 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.

]]> By: Justin http://maxsell.net/haste-makes-litigation-waste-poor-drafting-renders-option-to-purchase-unenforceable/comment-page-1/#comment-5563 Justin Mon, 17 Nov 2008 17:11:29 +0000 http://maxsell.net/?p=766#comment-5563 Glad to see I stimulated some discussion.<br><br>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. 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.

]]> By: mikey http://maxsell.net/haste-makes-litigation-waste-poor-drafting-renders-option-to-purchase-unenforceable/comment-page-1/#comment-15584 mikey Sun, 16 Nov 2008 21:27:00 +0000 http://maxsell.net/?p=766#comment-15584 Well yet new to this field so i am unable to understand your topic and what you really want to convey that much easily. But well tried I got a little bit idea. Well yet new to this field so i am unable to understand your topic and what you really want to convey that much easily. But well tried I got a little bit idea.

]]> By: bnix http://maxsell.net/haste-makes-litigation-waste-poor-drafting-renders-option-to-purchase-unenforceable/comment-page-1/#comment-5567 bnix Sun, 16 Nov 2008 19:13:59 +0000 http://maxsell.net/?p=766#comment-5567 Seesmic video reply from Disqus. Seesmic video reply from Disqus.

]]> By: Giles Stevens http://maxsell.net/haste-makes-litigation-waste-poor-drafting-renders-option-to-purchase-unenforceable/comment-page-1/#comment-5566 Giles Stevens Sun, 16 Nov 2008 16:44:01 +0000 http://maxsell.net/?p=766#comment-5566 Seesmic video reply from Disqus. Seesmic video reply from Disqus.

]]> By: Giles Stevens http://maxsell.net/haste-makes-litigation-waste-poor-drafting-renders-option-to-purchase-unenforceable/comment-page-1/#comment-5565 Giles Stevens Sun, 16 Nov 2008 15:55:25 +0000 http://maxsell.net/?p=766#comment-5565 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) 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)

]]> By: Shane http://maxsell.net/haste-makes-litigation-waste-poor-drafting-renders-option-to-purchase-unenforceable/comment-page-1/#comment-5564 Shane Sat, 15 Nov 2008 16:54:18 +0000 http://maxsell.net/?p=766#comment-5564 One must never run into decisions without thinking over them properly. A commercial agent can surely help solving the problem. One must never run into decisions without thinking over them properly. A commercial agent can surely help solving the problem.

]]> By: bnix http://maxsell.net/haste-makes-litigation-waste-poor-drafting-renders-option-to-purchase-unenforceable/comment-page-1/#comment-5562 bnix Sat, 15 Nov 2008 14:30:29 +0000 http://maxsell.net/?p=766#comment-5562 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. 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.

]]> By: Doug Quance http://maxsell.net/haste-makes-litigation-waste-poor-drafting-renders-option-to-purchase-unenforceable/comment-page-1/#comment-5561 Doug Quance Sat, 15 Nov 2008 14:26:20 +0000 http://maxsell.net/?p=766#comment-5561 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.<br><br>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". 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”.

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