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Roger, Attorney
Category: Legal
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Experience:  BV Rated by Martindale-Hubbell; SuperLawyer rating by Thompson-Reuters
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Lease Agreement issue: remedies for breach (costs, attorney

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Lease Agreement issue: remedies for breach (costs, attorney fees, etc) granted to lessor but not to lessee. Lessee claims this was an inadvertent error and a court should reform the contract to reflect mutuality of terms such that remedies and equal and mutual. Any thoughts?

Kirk Adams : Hi - my name is XXXXX XXXXX I'm a litigation attorney. Thanks for your question. I'll be glad to assist.
Kirk Adams : If the mistake was mutual - meaning that both parties didn't intend to leave the lessee out in regard to these remedies.
Kirk Adams : - then the contract can be reformed and re-signed by the parties.
Kirk Adams : However, if this was a unilateral mistake - - meaning that the lessor doesn't agree that the lessee should have the same rights - - then it would be very difficult to change the terms of the contract.
Kirk Adams : Parties are entitled to make the contract terms whatever they want, so courts don't interfere with the terms of a contract as long as those terms are clear and unambiguous.
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