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Get it in writing. Yes, it is a cliche, but think about it. How many times do we look back in hindsight and realize that we wish we had followed it? A great deal of legal actions arise simply because
it just was not done. Hindsight is always 20/20. Foresight can eliminate a great deal of trouble. Gone are the days when a person’s “good word and a handshake” were all that was necessary. (When were those days, anyway?). In negotiations, when a certain term is demanded, often the party demanding it signs the written agreement without ensuring the term is there.
Some transactions must be in writing, for instance, sales of goods above a certain amount, mortgages and sales of real estate. Take some time to think about the reasons, and you will find that those reasons apply to a whole host of situations. Anytime money changes hands for services or products, you may want a writing. Warranties, guarantees, sales return policies - they give us rights and protections. Written agreements give a reference point and a more defined set of expectations. The days of the good-word-and-a-handshake must have been quite some time ago, since even God reduced His laws to writing for the Israelites. Remember the Ten Commandments, not to mention the various other laws listed in the first few books of the Bible.
People sometimes fear that they will offend another party by requesting a written agreement. I am not sure why this is the case. If you offend someone just by asking for a written agreement, you may want to ask yourself (and them) why they are not willing to honorably reduce their agreement to writing. As an example, consider home improvement transactions. Without a writing, the contractor does not have a set start date or completion date to govern their job. The very formation should define whether the party performing the work is the general contractor or whether the homeowner is.
In a broadened spectrum, much of Wisconsin’s Administrative Code for consumer protection (ATCP) hinges on whether or not there was a writing governing the transaction. Further, certain activities within that writing should be put in writing, for instance, written notices of delay in home improvements, work change orders and materials to be used. The ATCP Code contains other consumer protections involving written instruments in repair of motor vehicles. Consumers often thwart or complicate these protections without written agreements.
Practically, how else are the parties going to remember exactly what they agreed to without a writing? Imagine the consequences, including one or both parties not fulfilling their end of the deal, or worse, taking unfair advantage of each other. Not all problems can be avoided, even with a written agreement. However, you can drastically reduce the possibilities. |