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And, if you are
like most
people, you are
making a lot of
deals in life
without
documenting
those deals. I
always give
people the
benefit of the
doubt and trust,
so I do it
myself. And, I’m
a lawyer!
That means, if I
do it, you do it
too.
I know you have
heard this
before. But,
having an
agreement isn’t
about not
trusting
someone. It’s
about knowing
that you’re on
the same page.
You might think
you both agreed,
but you actually
agreed to do two
different
things. What you
thought you were
agreeing to is
completely
different than
what the other
person was
agreeing to! And
that can cause
lots of
conflict!
If you put it in
writing then you
minimize the
risk. You
actually see on
paper what it is
that you are
agreeing to.
Does that make
sense?
Below are some
real life
examples of how
putting it in
writing can
actually
increase the
likelihood of
success for
whatever you are
doing, whether
it’s personal or
business
related. And
I’ve got some
easy tips for
creating your
own legal
agreements.
Here is a
situation where
someone hired a
live-in
nanny/house
manager. She’s
great and she’s
saving
everyone’s
sanity. She
worked with the
family for about
6 weeks and
everything was
great.
Then, things
started getting
not so great.
Not bad, but
little things
started to slip
through the
cracks - meals
not ready on
time, cats food
bowls not
refilled, not
waking up on
time a couple of
times. Things
like that.
Little things,
really.
But, enough of
these little
things could add
up to
unhappiness and
resentment. So,
this is where an
agreement should
have been
written that
spelled out
everyone’s
expectations.
Both parties
were able to
give input, this
one needed to be
mutual.
Here are some
other situations
in which you
want to have
written
agreements:
• Buying
property with
another person
• Hiring an
employee or an
independent
contractor (in
fact, if
they
are an
independent
contractor, an
agreement is
even
more
important
because
otherwise you
are at risk of
them
being
reclassified as
an employee,
which means you
owe all
sorts of
back taxes)
• Getting
married
• Having a baby
• Starting a
business
• Buying a
business
• Moving in
together
• Subletting
your house
• Contracting
for services
• Hiring a
handyman or
contractor
So, how do you
get your legal
agreement done
easily? Here’s a
few simple
steps:
1. Find
a Template To
Start From
Even lawyers
don’t create
legal documents
from scratch. We
use something
we’ve created
before or ask
our friends to
send us
something
they’ve used in
a similar
situation.
You can do the
same by
searching Google
for the basic
document you
need … i.e.,
nanny agreement,
cohabitation
agreement,
roommate
agreement,
parenting
agreement,
independent
contractor
agreement. You
may be able to
find something
free or you may
have to pay a
few bucks. It’s
worth it.
2.
Modify the
Template to Fit
Your Situation
The template you
find is not
going to be
perfect for your
situation. It’s
going to need
modification
based on the
specifics of
your situation.
Use the template
as a guide to
spark your
imagination of
what you might
want to include.
There are
generally very
few mandatory
parts of an
agreement (other
than the date
and your
signatures), so
get creative.
This is about
your agreement
and what you
want.
3. Get
Buy-In
Once you’ve put
in everything
you want, email
it to the person
you are creating
the agreement
with and ask
them for their
thoughts on the
agreement. Make
sure to mention
the agreement is
a starting place
for discussion
(if it is) and
that you welcome
their input.
4. Sign
It, Date It and
File It
Written
agreements just
need to be
signed and dated
to make them
valid. Each of
you should sign
the agreement
and date it. You
generally don’t
need witnesses
or notarization.
Just your
signatures and
the date should
do. Then, make
sure that each
of you has a
copy of the
agreement to
refer back to in
the event of
uncertainty or a
later
disagreement.
5. Get
it Reviewed…
Maybe!
Sometimes, you
need to get your
agreements
reviewed by a
lawyer,
sometimes you
don’t.
So, when should
you have a
lawyer review
your agreement?
Generally, when
it has anything
to do with money
or your
business, it’s a
good idea to get
it reviewed. If
you think
there’s a
possibility you
might need to
legally enforce
the agreement
some day, get it
reviewed. One
important note
here on
prenuptial
agreements or
marital
agreements, in
some states,
like California,
the agreement is
not legally
valid unless
both parties
were represented
by a lawyer.
That doesn’t
mean it’s not
helpful to have
an agreement,
but it won’t be
legally
enforceable.
If the purpose
of the agreement
is about setting
and managing
expectations,
it’s not
necessary to get
a lawyer
involved. Just
having the
agreement is the
point. Don’t
have a personal
lawyer in your
life who can
review simple
agreements for
you? You should!
Get your own
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Lawyer here.
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