How to Write a Legal Agreement Between Two People
Legal agreements between two parties are based in contract law. A legal agreement is essentially a contract. Where an agreement is made between two people, both must mutually agree to the terms of the contract, and it should be signed by both parties. Legal agreements take different forms, depending on the subject matter. They can be written to include terms concerning an exchange for goods or services. It is wise to have a legal agreement in writing because certain contractual obligations are subject to what is known in contract law as the Statute of Frauds. The Statute of Frauds dictates that contractual agreements concerning services that cannot be completed within one year and sales or transfers of land must be in writing to be valid and enforceable.
Instructions
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Research the type of legal agreement you'd like to write. You can find many templates of legal agreements online. Hooverwebdesign.com and Blitzdocuments.com offer downloadable free legal agreement templates (see Resources). Templates for real estate purchase agreements, lease agreements and agreements for services are available.
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Tailor the legal agreement to your particular subject matter. The legal agreement forms available online can give you an idea of the kind of provisions that must be present in your legal agreement. Typically, the date of the agreement, signatures of the those who are parties to the agreement, subject matter and price must be included in the document.
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Speak to the person with whom you're making the legal agreement about its terms. Both of you will need to agree to the terms of the agreement. It is very important to have mutual assent and a meeting of the minds. Decide whether only one of you will be drawing it up, or whether it would be better to draw it up together. Creating a legal agreement together can ensure that both parties clearly understand its terms.
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Sign and date the agreement. Once you've described the subject matter of the contract --- meaning, what you're contracting for, or agreeing to --- sign and date the document. Pick a time and place that's convenient for both parties, so that you can look it over and sign it together. Contract law doesn't require both parties to an agreement to sign in the presence of one another. However, it may be wise to do so, to ensure that all concerns or questions that might arise can be addressed.
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Tips & Warnings
Having witnesses present at the time of signing an agreement typically is not necessary or required. Many legal agreement templates do not include witness signature lines. If you wish to have the agreement witnessed, you can tailor your document to include designated lines on which witnesses can sign.
Many of the legal agreement templates found online are generic, boilerplate examples. These may work well for landlord/tenant lease agreements and loan and loan repayment agreements (IOUs); however, it's generally wise to speak to an attorney before entering into a complex contract. If it's something you feel uncertain about, an attorney can assist you in writing the agreement. If you feel confident doing it on your own and you choose to use a template, it's likely you'll need to tailor it to suit the subject matter and needs of both parties.
References
Resources
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