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Writing a Contract

beefybull

Banned
I'm trying to write up a contract that I will have consignors sign before I sell something for them. Any tips or bits of contract law I should be aware of?
 
Is this an E-bay type business?

There might be - at an office depot type store - a sample contract that you can use for this - a template in which you fill in information.

They do this for leases and other often repeated contracts.

Otherwise, best to get a lawyer to review it.

Before you do that: write out in plain English what you want to happen.

if you want to email it to me I will look it over. I am not a lawyer but I read hundreds of contracts.
 
There are plenty of things you need to be aware of, but most importantly, you need to ensure that the contract does not contravene any trade practices or consumer laws, otherwise your contract will be deemed void if it were challenged in a court of law. This is something you need to get checked out with a lawyer.

I don't live in the U.S, so i'm not familiar with your trade practices or consumer laws, however, here in Australia they are very strict and it becomes tricky when trying to write a contract that is tight enough to protect yor own interests, while at the same time ensuring that in doing so, you don't contravene any trade practices or consumer laws.
 
vinylgroover said:
but most importantly, you need to ensure that the contract does not contravene any trade practices or consumer laws, otherwise your contract will be deemed void if it were challenged in a court of law. This is something you need to get checked out with a lawyer.

This is what I'm worried about most, I dont want a contract that can be voided easily or violates law.

Good to see you here on his board Vinyl, you should make a thread or 2 about your business(es) if you care to share.

Matt, didnt quite finish, I will get it to you soon
 
Outline specific penalties. Most people outline requirements and obligations, but forget specific penalties for requirements not met.

Include a generic clause that states that if any part of the contract conflicts with state/fed law, then the clause is invalid but the remainder of the contract stays valid.

If there's 'real' money involved, get a lawyer to write it for you.
 
Have the contract pretty much state everything you want.

then (the boilerplate section) have the next part of the contract handle everything else. Meaning "nothing is left to chance". This is where the services of a lawyer is mandatory.

If it's a simple bill of sale, you do'nt need to get too complex. A general template where you change certain key elements should be ample enough.
 
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