Frequently Asked Questions – Corporate and Commercial
Here are some of our most frequently asked questions pertaining to Corporate and Commercial. If you have a question that is not listed please call us or book a time so that we can give you peace of mind with an answer.
1. Do agreements always have to be in writing?
No. Agreements can be verbal. It is certainly preferable they are in writing but just because they are not, is no bar to enforcing your legal rights. Verbal agreements are just as valid as written agreements, providing the terms of the agreement can be proved.
2. Do I have to prove my claim beyond a reasonable doubt?
No. In a civil dispute, the burden of proof is “on the balance of probabilities”. In other words, you need to prove that your version of the facts is more probable than not.
3. What should I do 1st if I think I’m going to have a dispute?
Write out on your computer or laptop a detailed statement setting out everything you can remember about the matter. To our office for our 1st Interview Free Scheme we can talk to a lawyer with no obligation and for free. Find out what your legal situation is so you know what to do.
4. Am I safe signing an agreement and then getting legal advice later?
Definitely not. There is a rule in law that once an agreement is signed, anything that was said verbally is, subject to certain exceptions, not taken into account. Never sign anything without getting legal advice fist.
5. What if I am in a rush and I need to get the deal done don’t have time to see a lawyer?
Just ring our office immediately. At the very least, get some verbal advice before you sign. We work 7 days a week and you can contact this any time. Our phones will divert to our lawyer on duty who is available to give you legal advice 7 days a week.
6. If I’m signing a lease for a business premises, do I have to agree to all of the terms that the landlord requires?
Definitely not. Remember, in legal terms, a landlord is no different to a used car salesman in that a landlord is simply a business person trying to make an agreement. In the same way as a used car salesman may ask $40,000 for the motorcar, you know you can always offer $30,000 and then hope to meet somewhere in the middle. Exactly the same applies to a landlord; just because a landlord might ask $60,000 per year rent does not mean you can’t offer $50,000 and see what reaction you get. Never believe a real estate agent or business agent he tells you that there is no room for negotiation. It may be true but that is exactly the same as a used car dealer saying the price is nonnegotiable. As a general rule, everything is negotiable.
7. What if the agent tells me the landlord is really hard and will never negotiate?
Think of entering into a lease is similar to getting married. Would you marry someone who is hard, tough and refuses to negotiate on anything? Some might argue that would be leading to a life of misery. Entering into a lease is exactly the same-you must work and deal with your landlord for many years. Do you really want to start a relationship with someone who is hard, inflexible and demanding from the very beginning? A lease is a legally binding arrangement. Our advice is that any legally binding arrangement needs to be fair to both sides or is simply won’t work. You can ring us 7 days a week legal advice. Don’t hesitate, Ring now.
8 what if a real estate agent tells me that if I wave my cooling off rights, I will get the property cheaper?
Always remember that the real estate agent is acting for the seller – the real estate agent knows the seller a duty of care but the real estate agent knows you, as the buyer, nothing. A real estate agent gets paid a commission which is usually, a percentage of the sale price. Ask yourself this question – why would a real estate agent sell the property to you for a cheaper price if you waive your cooling off period then they would sell to anyone else? Why would the real estate agent cheat their owner out of a higher sale price? Why would the real estate agent cheat themselves out of their own commission by selling at a lower price? All that waving a cooling off period does is guaranteed to the vendor or that you are then locked into by – it gives the vendors certainty without having to worry that you might call off. Never wave according off period without speaking to us 1st – it could be the most expensive mistake you could ever make.
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