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Contracts
We prevent and resolve problems related to Michigan and Ohio contract issues. Creating a good and viable contract between parties is of paramount importance. There is an old adage in business: “pay now or pay later.” This is never more true than when it comes to generating a contract. A written contract is most often the foundation for all business relationships.
The elements that must be established to demonstrate the formation of a legally binding contract are (1) offer; (2) acceptance; (3) consideration; (4) mutuality of obligation; (5) competency and capacity; and, in most circumstances, (6) a written instrument.
Contract law and legal theory have developed over the centuries and thousands upon thousands of cases center around the six elements listed above. The contract attorney’s job is to create contractual provisions that protect their client’s interests not only for when business relationships are good between parties, but more importantly, if and when these relationships deteriorate.
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A Word About Contracts
FAQs
Frequently Asked Questions
Top Contract Questions
Contract law has evolved over the centuries. It is often complicated, filled with subtule legal nuances that can, and will impact the legal outcome of one’s case. Make sure that you have the right representation when negotiating a contract or tackling a contract dispute. Call us today to learn more about your rights!
In Michigan, what happens when parties to a contract allege that the other party breached the contract terms?
To establish a breach of contract, one must prove “(1) there was a contract, (2) the other party breached the contract, and (3) the breach resulted in damages to the party claiming breach.” Bank of America, NA v First American Title Ins Co, 499 Mich 74, 100; 878 NW2d 816 (2016). The salient element is the second, when both parties alleging that the other breached the contract. “The rule in Michigan is that one who first breaches a contract cannot maintain an action against the other contracting party for his subsequent breach of failure to perform.” Michaels v Amway Corp, 206 Mich App 644, 650; 522 NW2d 703 (1994). “However, that rule only applies when the initial breach is substantial.” Id (emphasis added). “In determining whether a breach is material, the court should consider whether the non-breaching party obtained the benefit it reasonably expected to receive.” Omnicom of Mich v Giannetti Inv Co, 221 Mich App 341, 348; 561 NW2d 138 (1997).
Do all contracts have to be in writing to be enforeable?
No, a contract can be legally enforceable whether it is made in writing or it is an oral agreement. There are some exceptions however. Under the Statute of Frauds, certain agreements are not enforceable if they are not in writing. For example, agreements related to real estate that have a term exceeding one year must be in writing to be valid. Check with our attorneys to learn more about these exceptions.
What if I signed an agreement on behalf of a small company that I own. Am I also personally responsible for the company if it defaults?
Whether or not you will be held personally responsible under a contract will depend on the provisions in the contract. If you signed as a ‘personal guarantor’ for the company, you will be held accountable for the company’s obligations, but to what extent will depend upon how you negotiated your guaranty.
I never signed an agreement, but now I am being sued. Can I be held liable?
Even if you feel that you did not enter into an agreement, a court may find that you are bound by a contract pursuant to the legal doctrine of “promissory estoppel.” The court will determine if (1) a legal relationship either exists or is anticipated between the parties; (2) representations are given in circumstances that lead the other party to assume the promise will be performed; (3) reliance by the other party on the promise or representation to their own detriment; and (4) it would be unconscionable for the promisor to go back on their promise.
Can I collect punitive damages for a seller's breach of a business agreement?
Unless the conduct of the other party was so outrageous, reckless, or malicious, it is highly unlikely that a court would award punitive or exemplary damages in a contract case. Compensatory damages are awarded instead. Courts most often award compensatory damages covering the actual loss the nonbreaching party incurred as a result of the breach of contract. Compensatory damages replace the loss caused by the breach.
What does an anticipatory breach mean?
An anticipatory breach occurs when a party demonstrates its intention to break a contract. However, vocal or written confirmation is not required, and failure to perform any obligation in a timely matter can result in a breach. An anticipatory breach ends the counterparty’s responsibility to perform its duties, however, the aggreived party claiming an anticipatory breach is legally obligated o make every effort to mitigate their own damages if they wish to seek damages in court.
Articles About Contracts
Read our most recent articles on this topic
Contract Violations
What happens if a builder uses my deposit and loan money without doing the work as agreed? Video Transcript Speaker 1: (00:03) This question comes to us from one of your fans, David, who says, I have seen many of your videos. So they must be quite excited to ask…
Earnest Money Deposits: Everything You Need to Know
Why Require An Earnest Money Deposit An Earnest Money Deposit, also known as a good faith deposit, comes from the prospective home buyer and it shows the buyer's commitment to the seller that they are serious about purchasing a seller's home. Once the buyer provides the seller with a signed…
Business Valuation: 5 Major Factors That Really Matter
Business Valuation: 5 Things That Really Matter Whatever stage an operating business is in, there is often a need to put a value on the business. Whether you are applying for a small business loan, seeking an investment partnership, or planning to sell your business, understanding how to value the…
How Can a Power of Attorney Help With Real Estate Documents?
Lisa, a realtor from Livonia, Michigan asks, “My seller's husband needs to sign papers to close the home. However, he is not lucid. Their realtor said she will get him to sign a power of attorney to his son. Is this right or even legal?" Attorney in Fact First, for a…
Property Flips in Detroit: Our Most Helpful Tips and Tricks
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How to Protect Your Home Project With a Construction Agreement
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How to Deal With a Boundary Dispute on Your Property
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When Does a Letter of Intent Constitute a Contract?
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How Equitable Mortgage Laws Can Unwind Your Transaction
Since about 2014, real estate investing and "flipping" has been a hot and profitable industry. While there are great deals out there, Michigan law will not tolerate abusive investment tactics at the expense of Michigan homeowners. Below is Michigan case law, which should be instructive to real estate investors and…
Could a Mortgage Modification Help Your Financial Situation?
MORTGAGE MODIFICATION Are you behind on mortgage payments? Is your lender threatening foreclosure actions against you? Waiting on your lender to reach out to you with help is not going to improve your financial situation. Instead of facing a mortgage foreclosure, there may be other legal and financial options available for you,…
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Real Estate Law
Real estate and finance law are their own legal specialties. So how do you determine which attorney you should work with...
Contract Law
Contracts regulate expectations between parties. Working without a contract is comparable to walking a high wire without a net.
Business Law
Attorneys having years of both practical business experience as well as legal expertise are rare. David Soble is one of these...
Financial Disputes
David Soble has decades of experience as a 'big bank insider." He and his business management team are uniquely situated when it comes to handling our clients stressful financial...
Litigation
We regularly and successfully litigate real estate and contract issues. While we prefer to first resolve our client's issues reasonably and amicably, we can and certainly will escalate....
Probate & Estate Planning
For most people, their home, or other real estate, is the most valuable asset that they own. We're dedicated to protecting our clients' assets and ensure that their legal interests...
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I am very happy I contacted David. I felt at ease as soon as I contacted him about my situation. The seller did not want to return my deposit after after a failed inspection and many other things. David got right on it and I got my full deposit back. 🙂 David was very responsive (he always replied to my emails within a few hours or even minutes). I would recommend him to anyone. Thanks again David.
Steve G, Lathrup Village, MI
I came to David Soble with an honest question; "Do I have a case?" Not only did he speak with me personally, he took time to quickly review the details of my situation. No other attorney would talk with us without a retainer. Even though he determined we did not have a case, he took the time to show us he cared! Thank you David.
Jane Blackmon
David and his team are absolutely top notch and provide A1 service. I would recommend them to anyone in need. Thank you!
Robert Syfert, Tampa, FL
Mr. Soble is a true professional, who is very dedicated to his clients. I've been working with him for a couple of years now, and it has been a pleasure. He is very attentive to his clients' needs, and his knowledge of his field of expertise is impressive. In today's day and age it's frustrating to have to wait days for a response. That's never the case with Mr. Soble. I've always gotten a reply very quickly.
S. Volgyi (Emes Home Inspections)
Oak Park, MI
David Soble Law office was fantastic assisting me filing an action to quiet title. The staff was professional, and Mr. Soble made a difficult situation into a smooth process. I’m so very happy I was referred to Soble Law Office, I look forward to referring others.
Melinda Jones, Southfield, MI
The Soble Law team made my tenant eviction a easy process. Very informative, and gave the best direction on how to deal with my issue. I look forward to working with Soble Law with all my real estate issues.
CPR Rentals and Investments LLC
Detroit, MI
Soble Law firm and his associate Aaron are very knowledgeable of real estate law. They worked on our behalf and we won our land-contract case. We're very happy we hired this firm and were able to get a successful outcome.
Carla Lewis-Moore, Westland, MI
David helped me with a challenging legal matter. The results were favorable and the service was great. He’s always honest and direct. If you have a complex real estate or contractual matter, consider David.
Pete Negohosian, Troy, MI
I needed an attorney and found Soble Law (proven resource) online. I took that leap of faith and called. It was a good decision! David responded quickly, was very professional, easy to talk to, and handled my mortgage issue . David told me what to expect and even did a follow up to see if I had any more questions. There is no doubt that I would use David Soble law again, and would refer others as well.
Deborah Watkins
I was freakin' out and you stayed calm and bold and I am impressed. I really didn't think they would go for the $$$$. I feel so damn good right now! Thank you for doing what you do!"
H.A., Brighton, MI
"l was a client of Mr. Soble and he was very pleasant to work with and he took my case right away. He took time to answer all the questions and concerns that l had. When l called him, he got back to me that same day. We settled on an offer, and then received our check in a timely matter. l recommend the Soble Law firm for all your real estate needs because they take care of business."
Lisa S., Southgate, MI
David, I anguished for months over my problem. Had I not called you, I don't think I would have gotten it resolved. In less than 2 weeks you negotiated a fair settlement for my business. I'm so happy and my employees are happy. Thank you!
Rhoda St. Luce, Southfield, MI
The balance for one of my credit cards was over $14,000. In less than one week David and his staff were able to negotiate a new balance for less than $4000. We saved over $10,000. This was for just on one of our cards. I have to admit that my husband and I were skeptical at first, but they delivered. I now understand why the meaning behind the name. David and his staff are truly a Proven Resource!
J. James
"Attorney David Soble lives up to his firm's namesake, "Proven Resource." I appreciate knowing that when my clients need a diligent and responsive real estate or contracts attorney, I can easily make the referral to David, David is well worth having on your side."
Dino Lembesis, S. Lyon, MI
-Financial Adviser, Brighton, MI
I am very happy I contacted David. I felt at ease as soon as I contacted him about my situation. The seller did not want to return my deposit after after a failed inspection and many other things. David got right on it and I got my full deposit back. 🙂 David was very responsive (he always replied to my emails within a few hours or even minutes). I would recommend him to anyone. Thanks again David.
Steve G, Lathrup Village, MI
I came to David Soble with an honest question; "Do I have a case?" Not only did he speak with me personally, he took time to quickly review the details of my situation. No other attorney would talk with us without a retainer. Even though he determined we did not have a case, he took the time to show us he cared! Thank you David.
Jane Blackmon
David and his team are absolutely top notch and provide A1 service. I would recommend them to anyone in need. Thank you!
Robert Syfert, Tampa, FL
Mr. Soble is a true professional, who is very dedicated to his clients. I've been working with him for a couple of years now, and it has been a pleasure. He is very attentive to his clients' needs, and his knowledge of his field of expertise is impressive. In today's day and age it's frustrating to have to wait days for a response. That's never the case with Mr. Soble. I've always gotten a reply very quickly.
S. Volgyi (Emes Home Inspections)
Oak Park, MI
David Soble Law office was fantastic assisting me filing an action to quiet title. The staff was professional, and Mr. Soble made a difficult situation into a smooth process. I’m so very happy I was referred to Soble Law Office, I look forward to referring others.
Melinda Jones, Southfield, MI
The Soble Law team made my tenant eviction a easy process. Very informative, and gave the best direction on how to deal with my issue. I look forward to working with Soble Law with all my real estate issues.
CPR Rentals and Investments LLC
Detroit, MI
Soble Law firm and his associate Aaron are very knowledgeable of real estate law. They worked on our behalf and we won our land-contract case. We're very happy we hired this firm and were able to get a successful outcome.
Carla Lewis-Moore, Westland, MI
David helped me with a challenging legal matter. The results were favorable and the service was great. He’s always honest and direct. If you have a complex real estate or contractual matter, consider David.
Pete Negohosian, Troy, MI
I needed an attorney and found Soble Law (proven resource) online. I took that leap of faith and called. It was a good decision! David responded quickly, was very professional, easy to talk to, and handled my mortgage issue . David told me what to expect and even did a follow up to see if I had any more questions. There is no doubt that I would use David Soble law again, and would refer others as well.
Deborah Watkins
I was freakin' out and you stayed calm and bold and I am impressed. I really didn't think they would go for the $$$$. I feel so damn good right now! Thank you for doing what you do!"
H.A., Brighton, MI
"l was a client of Mr. Soble and he was very pleasant to work with and he took my case right away. He took time to answer all the questions and concerns that l had. When l called him, he got back to me that same day. We settled on an offer, and then received our check in a timely matter. l recommend the Soble Law firm for all your real estate needs because they take care of business."
Lisa S., Southgate, MI
David, I anguished for months over my problem. Had I not called you, I don't think I would have gotten it resolved. In less than 2 weeks you negotiated a fair settlement for my business. I'm so happy and my employees are happy. Thank you!
Rhoda St. Luce, Southfield, MI
The balance for one of my credit cards was over $14,000. In less than one week David and his staff were able to negotiate a new balance for less than $4000. We saved over $10,000. This was for just on one of our cards. I have to admit that my husband and I were skeptical at first, but they delivered. I now understand why the meaning behind the name. David and his staff are truly a Proven Resource!
J. James
"Attorney David Soble lives up to his firm's namesake, "Proven Resource." I appreciate knowing that when my clients need a diligent and responsive real estate or contracts attorney, I can easily make the referral to David, David is well worth having on your side."
Dino Lembesis, S. Lyon, MI
-Financial Adviser, Brighton, MI
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An Overview of the Legal Process for Litigation
OVERVIEW OF THE LEGAL PROCESS The method through which legal conflicts are settled through the judicial system is litigation. It is a formal process for settling disputes and is frequently used as a last option when all other attempts have failed. Understanding the...
Property Attorney – How Do We Help!
Real Estate Attorney Property Attorney Introduction It's crucial to have a property lawyer on your side when purchasing or selling a piece of property to assist you navigate the process and make sure that everything is done legally and appropriately. An attorney who...
Race, Notice and Delivery – The Importance of Filing Your Real Estate Deed
Race, Notice - The Importance of Filing Your Real Estate Deed The Meaning of "Race Notice" Michigan is a race notice state. When there are conflicting claims of interest in a property, the party who has recorded their interest first can claim rightful ownership...
