“He’s not negotiating in good faith”, one often hears.  This may be heard in connection with an absurdly low offer made to purchase an asset, such as a commercial office building, single family residence, or an automobile, or when parties are attempting to settle a claim.  The law in Kansas regarding good faith and fair dealing is well settled and may not apply how some may have envisioned; working knowledge of the concept is important for attorneys and other advisors when advising on real estate disputes and/or advising on business disputes and breaches of contract, among other poss ..read more

It may seem inapposite for an agreement to be made between competent parties and that agreement to be subsequently rendered worthless by a court of law.  The fact that a court has such power surprises many.  Some are relieved to learn of this authority when found on the losing end of a deal.  Others are left dissatisfied, deprived of the benefit of the bargain.  A third subset of people might feel vicarious righteousness when an unsuspecting person is freed from an unfair obligation previously owed to a person with greater leverage.  Whatever the result, there is no ar ..read more

Writing a contract may appear so simple to some business people that little risk is evident in so doing.  An urge to move things ahead, accomplish a task, or close a deal propels a person to get on his computer, retrieve some sort of template, and start making tweaks to it based on the perceivingly relevant circumstances.  Productivity is and should be universally praised.  What might go undetected, however, is the legal meaning behind serving as the drafter of a contract.  This blog article explores the legal significance of drafting a contract. Nearly all of us have writt ..read more

The application of contracts to business takes no prisoners.  Take a look across some of the professions, for example.  Physicians have their patients sign informed consent forms prior to surgical procedures.  Lawyers have their clients sign engagement letters or fee agreements.  Engineers and architects have their clients sign professional services agreements.  Accountants or CPAs use engagement letters for tax preparation services.  The list goes on.  If you want to do business in America, you can expect to sign a contract.   There is a great amou ..read more

Whether one loves or hates them, contracts are woven into the fabric of American commerce.  Think about the process of buying a home, a car, or even a dog.  You’ll be asked to read and sign one or more pieces of paper reflecting the terms of the deal, such as the purchase price, payment terms, warranties or lack thereof, etc.  These pieces of paper, once signed by all parties, are probably contracts.  Businesses large and small hire employees with contracts.  Families hire real estate agents with contracts.  Unless one lives in isolation on a remote island, contra ..read more

Yes, operating agreements are required for Kansas limited liability companies.  Read on to explore this topic in greater detail.   As we wrote more than a year ago, forming an LLC is not easy.  Those who have a contrary opinion can be found in places near and far, including in Facebook groups dedicated to various different causes, where this author has witnessed individuals write over and over again that an attorney is not needed to set up an LLC.  Perhaps some can speak to specific examples in which this statement has proven to be absolutely true.  Others can spe ..read more

In the field of real estate, contracts are made all of the time.  Real estate attorneys see and write contracts for lease and sublease, contracts for sale, contracts for purchase, and other types of real estate contracts.  Contracts are perhaps the physically flimsiest but practically strongest underpinning of all real estate transactions as we know them.  These valuable assets provide all parties to the deal with confidence that the agreement is enforceable as written, without the need for further demonstration of commitment or other protocol.   Though they may be com ..read more

Commercial leases in the state of Kansas, not unlike the rest of the nation, are entered into on a routine basis.  With the massive land area that makes up the overwhelming majority of the total size of Kansas, there is plenty of terrain to support office buildings, industrial properties, and strip shopping centers.  Some of Kansas’ largest cities are Overland Park, Olathe, and Lawrence.  In these cities, one can find a sizable amount of commercial real estate and corresponding lease deals occurring regularly. In the preponderance of instances, the owner of a commercial property ..read more

Aside from life’s most precious moments, there may be no greater joy than that evoked when a person walks through his own land.  The feelings of complete freedom and autonomy are overwhelmingly positive, perhaps intoxicating.  One can look out and see rows of trees, open fields, and blue skies; hear the sounds of a gentle stream, birds calling melodiously, and the wind blowing the leaves and flowers.  He can smell the sweet aromas of nature, taste the air, and touch the coarseness of ancient rocks emerging from the soil.  There are no screens.  There are no stoplights ..read more

Over the years, this author has heard time and time again about how “easy” it is to form an LLC.  “You can do it online yourself,” many say.  “It just takes a few minutes and a few clicks and then you’re in business.”  Sometimes free advice is worth far more than what one pays for it, and other times it is dangerous, yielding a negative value.  In the case of the alleged easiness of forming an LLC, be careful whom you listen to. Multiple blog posts or even scholarly articles can be written about whether an LLC is the best choice of entity for a particular purpose, the advan ..read more