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Posts in Contracts
To co-sign or not to co-sign? Is that the question?

Let’s say your nephew has fallen on hard times, but wants to buy a new car or lease a new apartment. He doesn’t have the credit and financial history to secure the loan or apartment himself, so asks you to co-sign. He promises he will maintain all payment obligations, but just needs you to co-sign to convince the creditor or landlord to lease to him. Should you agree?

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Don't fall victim to auto sales fraud!

I often hear about the following consumer situation, so decided to write about it. The situation is as follows: you signed a retail purchase/financing agreement to purchase a car, and then the dealership calls you back to sign a new contract. This arrangement is commonly called a “yo-yo” or “spot delivery” sale, where you thought everything was final, but suddenly the dealership says otherwise. What rights do you have in this situation?

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Basic steps for drafting your own contract.

Because I recently gave a talk on contracts, I thought it appropriate to write an article summarizing some of the points discussed. By no means is this article comprehensive enough to ensure that you can draft a solid contract, but is just meant to be a quick checklist to get you started, upon which you can expand or modify to fit your particular needs.

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Even though we’re not married, can I still get anything from him/her if we split up?

Cohabitation is very common now among unmarried couples, where some couples live together for several years without marrying. Although a minority of states still recognize “common law marriages” (i.e. granting the same legal rights and obligations of married couples to unmarried couples), most states do not. Nevada ceased recognizing common law marriages in 1943. However, even if you are not married or a registered domestic partner, you may still have some rights against your partner.

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Can't I cancel that contract I just signed?

Unfortunately, a lot of people have the impression that a contract carries a “rescission period” for them to change their mind and cancel the contract after signing. I commonly hear the misbelief about a “3-day rescission period” in particular. Some states may have laws allowing for rescissions, but Nevada is extremely limited in the types of contracts you can rescind by statute.

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Pitfalls of drafting your own contract

If you are in need of a contract, in today’s age of the Internet, you might consider simply finding a sample or form contract online to save costs and cut corners. However, if you do not draft a contract wisely, you may end up paying more for litigation in the end than for legal counsel to draft your contract at the outset. The following are some reasons why drafting a contract without legal counsel could prove to be a mistake: 

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