Attorney Dennis Beaver has practiced law for many years in Bakersfield, California. Read more about Dennis and his background here. Dennis is a syndicated newspaper columnist and writes a weekly column entitled “You and the Law”. There have been numerous requests over the years to make these articles available and we are happy to offer them here. They are also indexed for your convenience.
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Office: (661) 323-7911 • Cell: (661) 203-2805 • email: lagombeaver1@gmail.com
Contractual clauses you may want to avoid
January 5, 2021 • By Dennis Beaver
“I am selling one of my three lube and tire stores to a large national chain that has similar shops all over my part of the country. Their attorney prepared the sales agreement. Our family’s lawyer pointed out two paragraphs he did not like:
“1. Arbitration — instead of going to court — private arbitration is required in the event of a dispute over anything in connection with the sale or activities of the parties afterwards, and;
“2. The loser to pay the other side’s attorney’s fees.
“I thought that having an arbitrator settle a contractual dispute could be much quicker and less expensive than going to court. Also, I have been totally honest in this sale and will honor the terms of the agreement, so if the buyers sue me, I know that I would win and certainly would expect them to reimburse me for my attorney’s fees.
“Why would my lawyer suggest not agreeing to these two clauses in the contract? Thanks for your help, ‘Jeff.’ ”
A second opinion…click here to read more