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Duty of Good Faith and Fair Dealing (Kansas)

“He’s not negotiating in good faith”, one often hears.  This may be heard in connection with an absurdly low offer made to purchase an asset, such as a commercial office building, single family residence, or an automobile, or when parties are attempting to settle a claim.  The law in Kansas regarding good faith and fair […]

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Unenforceable Contracts In Kansas

It may seem inapposite for an agreement to be made between competent parties and that agreement to be subsequently rendered worthless by a court of law.  The fact that a court has such power surprises many.  Some are relieved to learn of this authority when found on the losing end of a deal.  Others are […]

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Lesser-Known Risk When Drafting a Contract (Kansas)

Writing a contract may appear so simple to some business people that little risk is evident in so doing.  An urge to move things ahead, accomplish a task, or close a deal propels a person to get on his computer, retrieve some sort of template, and start making tweaks to it based on the perceivingly […]

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Contract Law Rescission (Kansas)

The application of contracts to business takes no prisoners.  Take a look across some of the professions, for example.  Physicians have their patients sign informed consent forms prior to surgical procedures.  Lawyers have their clients sign engagement letters or fee agreements.  Engineers and architects have their clients sign professional services agreements.  Accountants or CPAs use […]

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Contract Law Reformation (Kansas)

Whether one loves or hates them, contracts are woven into the fabric of American commerce.  Think about the process of buying a home, a car, or even a dog.  You’ll be asked to read and sign one or more pieces of paper reflecting the terms of the deal, such as the purchase price, payment terms, […]

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Are Operating Agreements Required For Kansas LLCs?

Yes, operating agreements are required for Kansas limited liability companies.  Read on to explore this topic in greater detail.   As we wrote more than a year ago, forming an LLC is not easy.  Those who have a contrary opinion can be found in places near and far, including in Facebook groups dedicated to various different […]

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Ambiguity In Kansas Real Estate Contracts

Ambiguity In Kansas Real Estate Contracts

In the field of real estate, contracts are made all of the time.  Real estate attorneys see and write contracts for lease and sublease, contracts for sale, contracts for purchase, and other types of real estate contracts.  Contracts are perhaps the physically flimsiest but practically strongest underpinning of all real estate transactions as we know […]

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Attorney’s Fees Clauses Are Enforceable in Kansas Commercial Leases

Attorney’s Fees Clauses Are Enforceable in Kansas Commercial Leases

Commercial leases in the state of Kansas, not unlike the rest of the nation, are entered into on a routine basis.  With the massive land area that makes up the overwhelming majority of the total size of Kansas, there is plenty of terrain to support office buildings, industrial properties, and strip shopping centers.  Some of […]

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Purchasing Recreational Real Estate in Kansas and Missouri

Purchasing Recreational Real Estate in Kansas and Missouri

Aside from life’s most precious moments, there may be no greater joy than that evoked when a person walks through his own land.  The feelings of complete freedom and autonomy are overwhelmingly positive, perhaps intoxicating.  One can look out and see rows of trees, open fields, and blue skies; hear the sounds of a gentle […]

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Forming an LLC Is Not Easy: Business Names & Trademark Law

Over the years, this author has heard time and time again about how “easy” it is to form an LLC.  “You can do it online yourself,” many say.  “It just takes a few minutes and a few clicks and then you’re in business.”  Sometimes free advice is worth far more than what one pays for […]

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