Tuesday, June 30, 2009

Just Read It

Happy Tuesday, everyone. All of you have and are bound by a variety of legal documents whether you like it or not. Car loans, mortgages, purchase orders, terms and conditions of sale, parking receipts and the list goes on and on.

Some of you have even hired lawyers to write up fancy looking contracts that have all kinds of bells and whistles on them, like provisions allowing for execution in counterparts, survivability and partial invalidity. Neat.

What I have found - and again confirmed today - was that people have many reasons for not reading these documents. I should compile statistics on the excuses I've heard over the years: the print is too small, I don't understand this stuff, my husband/wife used to take care of that and, my personal favorite, that's why I hired you.

I hate to break it to you, but the law PRESUMES you have read and understood whatever it is you are bound by. Even if you have not, in fact, read something, you will still be held to its terms. Claiming your business manager waived something under your nose to sign just before you went on in Austin during your 14 city tour and you didn't have time to read it is not going to hold up in a lawsuit.

The only real way to get out of it - fraud, duress or incapacity. You were scammed into signing something that was a document different than what you believed you were signing, someone held a gun to your head to sign it or you were mentally incapable of forming the agreement (meaning you are deranged, a minor under a certain age or, if this were 1800, a woman).

So, do yourself a favor, read these documents before you are bound by them. If you do not understand, consult with your own counsel or someone you know who does understand. It can save you money in the long run.

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