versus e.g.) can result in unintended consequences. Even the failure to follow a seemingly trivial grammar rule (the use of i.e. More and more, parties to residential real estate contracts are being held to the same standard governing commercial transactions.īecause courts often defer to the specific language of commercial (and other) real estate documents, unintended results are often the norm for parties who do not seek professional advice, and for professionals who do not closely review their documents. Courts traditionally presume that commercial parties are on more of an equal playing field and are more sophisticated concerning commercial transactions, since both parties will usually have attorneys review their documents.
As established in other “ Watch Your Language” articles for this Blog, as a general rule, courts will typically uphold commercial document provisions unless they are contrary to public policy or statutory law, or the subject of a mutual mistake.
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