Posts in Practical Tips
Part Two: Breaking Down Five Common Contract Clauses (With Sample Language)

Earlier this year, we covered some common contract clauses that can be found in agreements that span countless industries. Also known as boilerplate clauses, these provisions touch upon many important aspects of the contractual relationship. Knowing the impact these clauses have on the overall effectiveness and longevity of an agreement can best prepare you to negotiate effectively. Below you will find a breakdown of the five most common contract clauses, as well as some sample clause language:

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5 Reasons to Get That Next Contract in Writing

Although verbal contracts are just as enforceable as written ones, the benefits of putting your agreement in writing far outweigh the costs. The days of shaking hands and hoping for the best are behind us, and COVID may have helped put an end to this relic of the past. Written contracts are far more common today and have become pivotal in -- facilitating business transactions, creating mortgages, transferring ownership of property, and securing employment.

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Understanding Your Residential Lease Agreement: What is the Implied Warranty of Habitability?

Regardless of whether your lease actually mentions the Implied Warranty of Habitability, this right is automatically built into every single lease in New York City. All landlords are required by law to provide tenants with a safe, clean and livable apartment that does not have any conditions that would be dangerous, hazardous or detrimental to your life, health or safety. Furthermore, if you live in an apartment building, this right extends to the common areas as well. Most importantly, this right can never be waived, so if there is a clause in your lease stating such, it is considered null and void.

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If I Move From New York to New Jersey: What Do I Need to Do to Keep My Business Running Legally?

Moving out of New York City comes with some immediate perks, like more space, a lawn, a bigger home and lower taxes. So for most people thinking about moving to New Jersey, the benefits most often outweigh the costs and crossing the bridge becomes a simple choice. However, for business owners, there is one extra item that needs to be addressed during your move in order to ensure that you may continue legally operating your business in your new home state.

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I-130 Applications: Here's the Best Evidence to Prove You're in a Bona Fide Marital Relationship, No Matter How Long You've Been Married.

In a previous post, I shared some of the basics of what evidence you must submit with your I-130 Application when attempting to secure immigration benefits for your non-citizen spouse. One of the most heavily scrutinized aspects of the I-130 application, particularly when it comes to immigrating via marriage to a U.S. citizen, is the bona fide marital relationship requirement. Under this requirement, you must prove that your marriage is authentic and not a sham used to fraudulently obtain a greencard for someone else.

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I Just Filed the Certificate of Incorporation . . . Is My Business Ready to Go?

Not quite. Filing the Certificate of Incorporation is the first of several steps towards setting up and running a legitimate business corporation. In a previous blog post, I discussed the basics of avoiding personal liability when it comes to running an LLC or corporation. What follows after filing the certificate of incorporation, helps to protect against exposing yourself to liability and lays the foundation for a successful venture, should you decide to start your own business.  For the purposes of this post, I'll cover the basics of what comes after you file the initial organizing documentation for your corporation.

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Breaking Down Five Common Contract Clauses (With Sample Language)

While no two contracts are alike, most will include boilerplate clauses that can be found in a wide variety of agreements. These common clauses are usually located towards the end of a contract and cover some basic understandings between the parties. Knowing the impact these clauses have on the overall effectiveness and longevity of an agreement can best prepare you to negotiate effectively. Below you will find a breakdown of the five most common contract clauses, as well as some sample clause language:

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The Affidavit of Support: What are the Requirements and My Responsibilities as a Sponsor?

For anyone going through the process of filing for immigration benefits for a family member, the Affidavit of Support is a necessary step before the United States Citizenship and Immigration Services ("USCIS") can fully consider your application for approval. As the sponsor for your non-citizen relative's application, you must sign a contract with the U.S. Government where you agree to use your financial resources to support your relative if and when they are given authorization to enter, live and work in the United States. This contract is known as the Affidavit of Support.

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How Do I Prepare for An Effective Legal Consultation With A Lawyer?

If you're lucky enough, you might make it through your entire life without ever having to hire a lawyer. Unfortunately, lawyers are everywhere and we've embedded ourselves in many aspects of society, so that it's practically impossible to avoid hiring us for something. If you want to avoid any troubles with buying your first house, you hire a lawyer. If you want to write a will and ensure that your assets and family are protected, you hire a lawyer. So, when the day finally arrives that you've found yourself in a situation that requires a lawyer, it's important that you come prepared to your first legal consultation, so that the lawyer is in the best position possible to provide the advice, counsel and support that you're seeking.

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How to Avoid Personal Liability When Running an LLC or Corporation?

In order to discuss this topic, it's important to gain a basic understanding of the legal concept of "piercing the corporate veil." What this means is that in certain circumstances, when properly invoked, a court may "pierce the veil" of a corporate entity and hold the owners personally liable for the obligations of their corporation or LLC. It allows for a corporation's separate legal existence to be disregarded in order to prevent fraud and achieve fairness. This doctrine is often invoked by a third-party seeking to circumvent the limited liability that is afforded to owners and hold them liable for corporate obligations.

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Started an Etsy Business? Here's How to Make it Legitimate.

So, you’ve started a business on Etsy. Whether you’re creating screen printed shirts, custom leather goods, pottery or furniture, you made the decision to bring your talent, skills and keen eye for design to the masses and sell your products online. Congratulations! Etsy is a great place for those that are looking to turn a hobby into a money making opportunity or grow a business that has quickly jumped out of the idea phase and into reality. If you’ve ever had the thought, “what do I need to do to make this Etsy business legitimate,” this post is for you.

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Immigration Application Basics: What is a Request For Evidence and How Should I Respond?

Whether you’ve hired an attorney to file your request for immigration benefits or you’ve decided to take on the task yourself, no amount of planning and preparation can prevent a Request for Evidence (“RFE”). Even for the most diligent person among us, despite careful planning, checking over all the paperwork, and making sure everything looks right, the immigration officer reviewing your application may still send an RFE.

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