There are a few things that you should remember when preparing or signing on a contract. Experts have given best practices that are to be followed in such cases so that the risk of anything going wrong is minimized.
All the parties to the contract must agree to all the terms and conditions in the contract in the same sense at the same time. It is important that all the parties understand what is written in the contract and comprehend it fully so that there is no confusion later on.
If any or all the parties fail to understand the terms of the contract, the contract may turn out to be void or unenforceable due to ‘mistake’. The best practice says that the terms be explained in simple words so that there is no such risk.
It is important that all the parties read everything properly to avoid any confusion. The rule being Caveat Emptor in most cases, it is important that there is no room left for confusion. Remember that ignorance of law or the failure to understand a clause is not an acceptable excuse in the eye of law. It is important that you be careful on your part to avoid problems.
A contract cannot really be prepared properly in some cases until you have an attorney taking care of things. Firstly, there are compliances and other issues, and secondly contracts are often written in legal terms that are not easy for an ordinary person to understand.
This is why it is recommended that you seek help from your lawyer who will help you understand not just the terms of the contract but also the impact of every clause.
A contract must be complete and certain with no room for ambiguity. A vague contract with no clear clauses is not legal in the eye of law and has no value. The best practices state that all the questions related to the contract must be clearly answered in the contract. This is why experts suggest all the parties to sit together and discuss the terms of the contract to avoid any problem.
There is no harm in changing terms of a contract if there is an issue, and both the parties agree to a change. The law allows changing contracts; however, there are certain compliance issues in this regard. The best practice in this case is to visit an attorney and discuss the case with him or her so that the alterations can be made. If needed, a new contract can replace the old contract depending on the requirements.
Some verbal contracts are acceptable; however, best practices state that you get all the contracts in black and white so that there is no risk of anything going wrong. When you have a contract in writing you can easily refer to it in case any problem or confusion arises.