Articles Tagged with “california contract attorney”

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With the real estate market in its current condition, small business owners may want to consider something that was unthinkable in previous years: purchasing commercial property rather than leasing it. Interest rates on mortgage loans are at historic lows, meaning more business owners should investigate the possibility. After all, why throw money away in a lease if you are in a position to build equity in your own commercial property?Commercial Property 2.jpg

The best way to investigate the opportunity is to assemble a team of professionals. Among these professionals should be an accountant, a real estate agent, a mortgage broker, and, most importantly, a California business attorney. The accountant can evaluate your finances for the feasibility of the purchase. The real estate agent can find you the right space in the right location so you can bring in customers. The mortgage broker can help you obtain financing at a reasonable rate. But it is the business attorney who will actually make the transaction happen.

There are a number of legal considerations to investigate before taking the plunge. The first is zoning. It is important to consult an attorney on zoning issues because a real estate agent is typically more concerned with the sale than what comes after the sale. In the end, you want your business to be able to be profitable, and it can’t be that way unless you are allowed to operate in the manner you wish in your space. You wouldn’t purchase a property zoned for offices if your operation involves manufacturing or machinery. Likewise, you wouldn’t operate an office out of a warehouse.

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Everyone who has ever used the internet to download a program or gain access to a service has had to read and agree to Terms of Service (TOS). In certain circumstances, they might be called an End User License Agreement (EULA). Both types of agreements accomplish roughly the same things: they outline the terms and conditions upon which a customer is permitted to utilize a good or service. Though often overlooked, they are integral cogs in the operation of a business and the delivery of products and services.terms-and-conditions.jpg

These types of agreements are binding contracts, just like any other. Specifically, they are called “adhesion contracts”. The difference between a regular contract and an adhesion contract is that in a regular contract, the customer is free to negotiate terms with the business entity. In an adhesion contract, the customer must agree to the terms outlined by the business entity, or else the customer will not have the privilege of utilizing the good or service at all. Another way to look at it is that typical contracts differ based on the interests of the parties negotiating their terms. An adhesion contract looks the same no matter whom the customer is.

Terms of Service are important tools for the successful business entity in that they make the customer operate by a defined set of rules that the business can dictate. Terms of Service also typically contain protections that the business entity doesn’t even know it needs: the so-called “fine print.” Fortunately, an experienced California business lawyer is an expert in drafting the fine print.