Does &quot;agree to negotiate&quot; mean it has to happen? We are in the process of purchasing some land, and one of the requirements of the contract is The buyers, BUYERS_NAME, agree to negotiate a trade of land with the neighbors, NEIGHBORS_NAME, if requested by the NEIGHBORS_NAME. My concern is with the phrase &quot;negotiate a trade of land&quot;. Does that mean that no matter what, we will be required to have a successful negotiation, meaning it ends with land traded? Or does it simply mean that we are required to talk to them about it if they request to talk about it? Thank you!
Agreements to agree are unenforceable The contract requires you to negotiate and, probably, to do so in good faith (or at least, not in bad faith). That means you must come to the table looking to do a reasonable deal. It doesn’t, and cannot, require you to make that hypothetical deal. That would be an agreement to agree and there is a long line of legal precedent that such terms are unenforceable.
we would like to know whether we have sufficient legal grounds to sever/terminate/exit this contract with Superior Management Co.*, if the company does not mutually agree to do so. No. In that event the HOA is stuck with the contract at least for the remaining part of the current period. The HOA's concern that the provider could breach the contract by significantly underperforming seems speculative and does not entitle the HOA to breach it first. Changes in the name and/or ownership of a party does not alter the parties' rights and obligations pursuant to the contract. This implies that neither party is entitled to disavow his obligations by terminating the contract altogether. For early &amp; unilateral termination to be an option, it would have to be provided in the terms of the contract itself.
Yes From clause 7 of the Ebay agreement: When you enter into a transaction you create a legally binding contract with another user, unless the item is listed in a category under the Non-binding bid policy. You have a contract, if you don't fulfil your obligations under it you can be sued. You can only terminate a contract a) if the contract provides for termination and the relevant circumstances have happened, or b) due to a breach of a condition (but not a warranty) of the contract by the other party or c) some very limited and highly technical circumstances at law. The fact that the other party is rude doesn't fit within b) or c) and, barring some very unusual contract terms, won't fit in a) either. Make good on your legally enforcable promise.
The issue is not enforceability per se, it is the problem of proving what you agreed to. If the landlord adds conditions that are against your interest, he would need to show that you agreed to those conditions: if you add conditions against his interest, you'd have to likewise prove agreement. Since you both have copies of the agreement, it's a matter of comparison to see if the documents are the same. Rather than voiding the earlier agreement and rewriting everything, the change can be initialed. If you were to cross out the rent and insert a lower figure, you would need proof that he agreed to this (hence, his initials on your copy). In your case, the change is apparently in your interest rather than his, so there's no realistic way that this could become an issue (that I can think of: maybe there's a clause that has to do with the move-in date and moving in early actually works against your interest, in which case he would need to prove that you agreed. The fact of moving in early is sufficient proof of agreement).
There are two cases to distinguish: information that the other party does not want to give without court order, and information that the other party may not give without court order. Only the former case matters, of course, since the latter by definition requires a court order. So, if the other party is legally capable of giving the information, but it's commercially not sensible for them, then you'll need to sweeten the deal. And that's business, not a legal question anymore. In other words: there's no legal instrument that's at the same time equal to a court order but also different from one. When you need a court order, there's no alternative to a court order.
You have a contract - if you break it, you can be sued. A contract is a legally binding promise that the state (through its courts) will enforce. You promised to pay the deposit - you must pay the deposit. You promised to pay rent on a regular basis for the period of the lease - you must pay that rent. You don't want to live there? Fine, the lease probably doesn't require you to. So long as you keep paying the rent, you don't have to. If you break the lease, then the landlord can sue you for the damage that they suffer - this is typically the value of the rent until they can find a new tenant and if that tenant is paying less than you, the difference between that amount and your rent for the balance of the lease. If you want to renegotiate the contract (for example, to end it early), you will need to ask your landlord but they are under no legal obligation to release you from it. They may be willing to do so out of the goodness of their heart and/or if you pay them.
I was told that when you sign something in the UK, then it is your signature, no matter what name you are using. So if you sign a contract with my name, then it's your signature and you are bound by the contract. Things might be invalid because you signed and not me. For example, if you sign a contract selling my car in my name, then that contract is not valid. If some document needs signatures of two witnesses, and you sign with your name, then with my name, then there are no two signatures. As far as I know, signing under a false name is not in itself criminal, but might very well be supporting fraud, for example, and might therefore be illegal. The contract for the sale of my car, signed by you using my name, would very likely be part of fraud and therefore criminal.
In the event of a dispute, the person resolving the matter, probably an arbitrator in the case of a commission dispute between two realtors and either an arbitrator or a judge and jury depending upon what your listing agreement says about that issue, would hear the testimony from both parties and decide. The intent of the parties is supposed to govern in cases of clerical errors, but a signed document has a lot of weight, especially in such a prominent term. It is a little hard from the way the question is posed to determine who is willing to correct the typo and who insists on enforcing the contract containing the typo.