Business Contracts & Transactions
When you are entering into business contracts and transactions, you should consult a seasoned Pleasanton business transactions lawyer to make sure that you understand the legal consequences for the business. At the Law Offices of Stephen M. Fuerch, we handle all the transactions that small and medium-sized businesses may face. Our experience with the disputes that arise over the course of a business’ life allows us to carefully negotiate the terms and conditions of contracts and protect a client’s specific interests in the course of the transaction.Business Contracts and Transactions
Many transactions into which a business enters require negotiation of a contract. These contracts may pertain to shareholders, business partners, facilities, employment, equipment, leases, services, distribution, or another aspect of your business. While some transactions can be handled by using forms or boilerplate language, many may be more complex and require more sophisticated negotiations between businesses to reach mutually acceptable terms. Litigation arising out of contracts or other aspects of a transaction can severely damage a business and prevent objectives from being attained.Enforceability
An enforceable contract can prevent or reduce disputes down the road. Contracts should be carefully drafted to be enforceable and express the parties’ intentions. In order to figure out whether a business or employment agreement should be enforced, the court will look at whether an agreement constitutes a valid contract. A business transactions attorney in Pleasanton can help ensure that a contract is enforceable.
A contract exists when: (1) a party makes an offer that the other accepts, (2) there is a bargained-for exchange of promises in which consideration is provided for a promise, and (3) the terms of the contract are certain enough to be enforced. Consideration refers to something of value, whether money, a service, or something else. It is lacking if parties enter into a contract in which one party provides services, while the other side does not need to pay or perform an action in exchange. In certain situations, a party may reject a particular offer but make a counter-offer, which may be accepted, and the parties may enter into a contract.
Certain contracts must be in writing to be enforceable; however, in general, written agreements allow the parties to memorialize their understanding and reduce the likelihood of later disagreements. The court may decline to enforce a particular contract for many different reasons, including lack of capacity to contract, ambiguity, unconscionability, or another valid defense.Agreements When Structuring a Business
When more than one person is involved in forming a business, it is wise to discuss the relationship fully and draft a contract with the assistance of a Pleasanton business transactions attorney, representing agreements reached about the business. Discussions may need to be held about what happens in case of a dispute, disability, death, divorce, personal bankruptcy, or litigation. The business owners of a closely held corporation may wish to determine what the value of a business interest is and protect the business from interference from third parties such as spouses in case of death or divorce. The agreement used to create a partnership or corporation should specify what should happen if a partner or shareholder wants to leave or other partners or shareholders want to force him out.
Business acquisitions are complex transactions. Sales may be entities or stock purchases, in which both assets and liabilities are assumed, or they may be merely asset purchases. Usually, a buyer prefers an asset sale because it allows the buyer to choose assets and the ability to avoid certain liabilities. However, in either type of sale, due diligence and counsel are extremely important.Consult a Business Transactions Lawyer in Pleasanton
Business contracts and transactions may involve the intersection of many different laws and regulations. If you need to retain a seasoned Pleasanton attorney for transactional matters, you should consult the Law Offices of Stephen M. Fuerch. We can use our extensive experience to make sure that a transaction goes as smoothly as possible and all the bases are covered. Call the Law Offices of Stephen M. Fuerch at (925) 463-2575 or complete our online form. We represent businesses in Alameda and Contra Costa Counties.