Oe oo oo 09 0908 Oo eee eee esececceceeelen™e -— Hara Celine _ OW a to Handle Your Own Contracts _ a Christopher Neubert | [ & Jack Withiam, Jr. JG sverting Publishing Co., Inc. New YorkEdited by Keith L, Schiffman Library of Congress Catalogingsin-Publieation Date Neubert, Christopher. ow to hale your own contracts £ Chestopher Neubert 8 Jock Wthist, Je ISN 0.8068 1 Contract Jack TH Tile KEBOL ZONA7 1991 346.73'02—de20 [17-3062] soasts0 car ited Sotes-Popular works. 1. Withiam, wos 7Tosaae © 1091 by Chuistopher Neubert aud Juck Withiam, J. Pablihed by Sterling Publshing Company, tne 287 Park Avenue South, New York, N'Y. 10016 Distributed in Canada by Sterling Publishing 4 Canadian Manda Croup, P.O. Bor 920, Station U Toronto, Otani, Canals NI8Z 5P9 Distributed us Grest Brita and Europe by Cassell PLC Villiers Howse, A147 Strand, London WEN SJE, England Distributed in Austella by Capricorn Ld P.O. Bon 665, Lane Cove, NSW 2065, Manufactured in the United States of America All rights reserved Stes ISHN 0.8068-8256-X Paper ACKNOWLEDGMENTS ‘The authors gratefully acknowledge the dil- igent efforts of Anne P. Powers, Esquire, Kathleen Kugelmann, Esquire, and Eileen K. McCluskey, MBA, during the revision and updating of this volume. ‘Thanks to the Mutual Life Insurance Com- pany of New York for its approval to reprint from its booklet on business insurance agree- ments. The authors express their special gratitude to Julius Blumberg, Inc. for its per- mission to reprint the many forms that con- stitute such an integral part of this book ABOUT THE AUTHORS Christopher. Neubert graduated from the University of Notre Dame in South Bend, In- diana, in 1970, and from the New York Law School in New York, New York, with a J.D. degree, in 1974. He lives in Boston, where he is president of Money Consultants, Inc., a fi- nancial planning and investment advisory firm. Neubert is admitted to the practice of Jaw in New York State and Massachusetts. Jack Withiam, Jr., graduated from Hamil- ton College in Clinton, New York, in 1971, and from the Albany Law School of Union University in Albany, New York, in 1974 He has been an attorney for Citibank, N.A., and is presently senior vice president and general counsel for George Little Manage- ment, Inc., producers of consumer-product trade shows. He has been admitted to the practice of law in New York State since 1975 Withiam lives in Greenwich, Connecticut es eeeeoeoene 3 ’ nt esoecce } 18 je ¢ is fs « q e: i : e e e ee 07e* ee ‘S0,0e0 000 00:0 000.6 6:09 0 F066 665 Contents PREFACE 6 INTRODUCTION 7 CHAPTER 1 General Principles of Contract Law... . wd Offer ..... . ve 10 Acceptance .. 10 Consideration . i Legal Capacity of the Parties 12 Legal Subject Matter 12 A Writing If Required by Law ‘The Statute of Frauds a A Sample Contract ccc... 13 Parol Evidence Rule ....... 16 Duress, Unconscionability and Fraud 18 Impossibility of Performance 19 Statute of Frauds . 20 Accord and Satisfaction 21 The “Plain English” Law 22 CHAPTER 2 Leases... The Renter's Predicament Jutroduction Tenancies Covenants Covenant of Quiet Enjoyment Covenant to Pay Rent Expressed Covenants to Repair . Implied Covenants to Repair Covenants on Personal Liability Additional Covenants Typical Lease Pro Sample Leases ions. CHAPTER 3. Land Purchase Contracts & Deeds Deed Requirements Covenants of Warranty he Modern Realty ‘Transaction Introduction Real Estate Listing Agreement: Contract Between Seller and Broker Purchase Option Purchase Offer, Contract for the Sale of Real Estate Real Estate Settlement Procedures Act Cooperative Apartments and Condominiums Cooperatives Condominiums 28 29 30) 30 40 47 47 48 49 50 5d 5a 60 63,