Posted by John T Country Lawyer on September 14, 2009 at 05:33:03 from (66.244.97.31):
In Reply to: Leasing agreement posted by Tractormiallis on September 13, 2009 at 19:14:50:
Regardless if you use an Attorney to draft one or get a form/template from a local ag office (your land and money, your free choice to use a professional or a form/template of from a neighbor or "brother in law") I can give you a little free legal advise: In contract disputes a Court will construe a contract STRONGER "AGAINST" THE PARTY WHO PREPARED IT.
The doctrine of "four corners" applies and basically a Court ONLY fills in the blanks IFFFFFFFF an ambiguity exists. If the contract is clear and easily understandable with no holes, the doctrine of freedom of contract, which unfortunately is loosing favor in some jurisdictions, SAYS YOU ARE BOUND BY YOUR AGREEMENT still subject, however, to all sorts of legal "run arounds".
Its important that BOTH parties UNDERSTAND the agreement and when drafting I use plain ordinary language and if theres any harsh penalty type sounding clauses (Courts arent a fan of some of those) I DO NOT hide them but put them in BOLD PRINT and even have a place for both parties signatures.
The reality is regardless if a Philly Attorney prepares it or a form is used good or poor, any relief sought can be a pain and/or more costly then the ailment. Its the good will and values of the parties thats FAR MOREEEEEEEEEEEEE important then any piece of paper.....
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