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Adverse Possession

In Contracts, Dispute Resolutionby Kameron KramerLeave a Comment

When I purchased my home, my neighbor’s hot tub was situated on my property line.  I went ahead and closed on the purchase of my home (20 years ago) with the hot tub sitting on my property and forgot about it.  I am now concerned that when the time comes that I want to sell my house, or my neighbor …

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Consent & Contracts

In Contractsby Larry DonahueLeave a Comment

Consent is an important element to a contract.  It is required by both parties that are entering into a contract.   Consent happens when the parties named in the contract acknowledge that they agree with the terms outlined in the contract. While consent is required for a contact to be binding, there are instances when consent or the lack there of, …

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Consideration in Contracts

In Contractsby Kameron KramerLeave a Comment

We all know that business deals involve careful consideration of company finances, risk, and potential gain. But the contracts underlying those deals involve another form of consideration—something that demonstrates each party has a stake in the outcome. In fact, contracts are only legally binding if there is consideration (along with an offer and acceptance, as discussed in previous blogs). In …

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Promissory Notes

In Contract Disputes, Contractsby Kameron KramerLeave a Comment

Promissory notes can be helpful in so many different situations, but what exactly are they and what do you need to look our for when dealing with them?  In it’s simplest terms, a promissory note is an IOU.  It includes the terms of the agreement, specifically the amount owed, how and when it is to be repaid, and default terms.  If you’ve ever …

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Contract Tip: Understanding the Offer

In Business Tips, Contractsby Larry DonahueLeave a Comment

Contract law can be a confusing mess, especially for busy business leaders. It pays, however, to know some of the basics of contract law in running a business. Such basic knowledge will help avoid potential liability or disaster down the road. If you don’t already know what a contract is, it is a “bargained for exchange of value” between two …

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Are Non-Compete Agreements Enforceable in New Mexico

In Non-Compete Agreements, Trade Secretsby Larry DonahueLeave a Comment

The quick answer is “yes,” provided they are “reasonable” and provided they do not restrict certain professions that are statutorily protected. It can be difficult for a business to gain a competitive advantage over their competition. Many successful companies rely on trade secrets to create a product or service that is better for consumers than a competitor’s, but if an …

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Acting In Good Faith

In Contractsby Don KochersbergerLeave a Comment

What it Means for your Business When conducting business dealings and entering into contracts, you expect that the people that you are dealing with will be honest and sincere in their intentions to uphold your agreements. Similar to a breach of contract, when a business or person does not honor their end of the deal, but also misleads the parties …