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When some individual or entity fails to comply with the agreements or contracts it has with others, either by not paying or not performing what was promised, numerous legal obstacles can arise that will keep the aggrieved party from obtaining just compensation or relief from the damages received from the breach of the agreement they seek to enforce. That is why it is valuable in certain instances to consult an attorney prior to an agreement being entered into with another entity or individual where there is a risk of a breach of the agreement that could cause financial harm to you or your company.

Understand as well that depending on the type of business or consumer transaction at issue, there may be federal and state statutes and case law that can affect the outcome of a legal case arising from the breach of an agreement. The reason is that the law may impose rights and duties on the parties to a transaction, even though they were not specifically made part of the agreement.

For example, state and federal consumer protection laws afford rights to the individual consumer in certain sales transactions. These rights may not be spelled out in the agreement, but they nevertheless may be part of the agreement as a matter of law. The consumer may not be made aware of these rights and protections by the seller at the time of a sale, and these rights may be lost with the expiration of time. Another example of where the law imposes duties on individuals or entities to agreements, even though neither of the parties to the agreement may be aware of it, and that is the obligation that certain types of agreements must be in writing. Other areas where the law imposes its own requirements in transactions are found in consumer lending and debt collection  law, banking law, real estate law, investment securities law, etc.


Consulting an attorney that understands the law applicable to contracts and agreements in your case is important to prevent or minimize  possible future financial losses arising from the agreement. The reason an attorney is important in this area is that federal and state law may provide you rights and protections that are not set forth in the agreement you are entering into or are now seeking to enforce. Likewise, federal and state law may also impose requirements on you or your company that you may not be aware of and that are not part of the contemplated or completed agreement. Furthermore, an attorney may suggest additions to the proposed agreement that will help minimize future legal issues between the parties.


If you have questions relating to a contract matter or a contract dispute, please contact us by telephone or by email. Please have available the contract or agreement and any other documents relating to the matter so that they can be reviewed by the attorney. Please contact Rumsey & Ramsey at (770) 394-9400 to discuss your case or other legal inquiry with an attorney.


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