How to prepare and negotiate a good contract

Well written terms and conditions can help to prevent conflicts and significantly save time and money.

conveyancing adviceNo matter which country you are in there is a Golden rule:

NEVER SIGN A PUBLIC OR PRIVATE DOCUMENT WITHOUT CONSULTING A LAWYER

Almost everyone at some time in their life will need to sign a contract; to buy or rent a car or a property; or to rent a home; to contract gardening or cleaning services; or for building or modernizing a property. Whatever the reason for signing, there is always a risk and you could find yourself unprotected legally if you ignore any applicable clauses or any of the content of the contract.

Thus it is vital that an experienced professional examines the terms and conditions of any agreement that necessitates a signature. Failure to follow this rule of thumb can lead to future problems and unnecessary expense. Therefore ensure that you contact a lawyer BEFORE signing any document or contract whatever its nature, it is advisable to contact a lawyer.

Some examples of legal documents:

– All types of private or business agreements.
– Construction Contracts.
– Loans and mortgages.
– Leases or rentals of homes and business premises.

It is in the latter example, when contracts signed without prior legal advice are more prone to provoke disputes, both by the landlord and the tenant, particularly in cases where it is the first rental made. Here the services of a professional are essential to write and monitor the contract.

Marbella Solicitors, Lawyers in Spain

Following are some of the reasons that highlight the problems that may occur:

1. The current Tenancies Act has serious gaps that must be filled by the application of the Civil Code and to a lesser extent, by other Laws of greater or less seniority, for example, the Condominium Act. Lawyers obviously are familiar with these laws due to their profession and can take them into account when drafting a contract.

2. Closely related to the above is the fact that objectivity is required to draft a fair contract as, the rights and obligations of both parties must be taken into consideration. Although a lease may be «well written», in practice countless conflicts could arise between the contracting parties – landlord and tenant – normally due to ignorance of the extent and effectiveness of the terms agreed in a contract.lawyers in spain

It is therefore essential that a professional reviews, prepares and negotiates any contract or document that requires a signature.

Note that problems or conflicts may arise at any time, so it is very important to have carefully written terms and conditions, in order to protect both parties and to enable them to exercise their rights in case of breach of agreement of a legal document.

It really is worth investing money in acquiring a lawyer to write a legally sound contract that will avoid incurring major expenses in the future by having to initiate legal proceedings. For your peace of mind ensure that the contract has WELL DRAFTED TERMS AND CONDITIONS, AS IT WILL HELP TO AVOID CONFLICT, SAVE TIME AND ULTIMATELY UNNECESSARY EXPENDITURE.

If you have any further queries about this or any other topic, please contact us.

Ana Villanueva Álvarez

Senior partner Madrid office

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