For this assignment, you’ll be given a real-world scenario from which you’ll have to prepare a sales contract and a list of questions to ask a client.  Again, this is the sort of task you might actually do at a law firm.

Real-World Scenario

Hank Benson is an avid seller of Star Wars memorabilia at Comic Con in California.  Specifically, Hank specializes in home-made lightsabers, custom-built Stormtrooper costumes, meticulously crafted models of Empire shuttles, and working Clone Wars droids.  He needs a simple sales contract for the goods he sells, although the average cost of his items is about $600.

Hank is concerned about getting sued by serious Star Wars fans and wants to sell all products as they are with no warranties.  He has one person, Harrison, working for him at various shows in California.  He met Harrison at a Las Vegas show when Harrison bought some items from him and was working as a buyer for a famous collector, who goes by the moniker of O.B. Juan Kanobi.

All of Hank’s sales are done on site and he does not ship any items, although a lot of his customers are repeat customers and place orders with him before Comic Con.  He only accepts cash or credit card.

Hank has hired your firm to draft a General Contract for Sale of Goods and your supervising attorney wants you to prepare a draft of the contract for her review.  She also wants you to make a list of questions for Hank to answer at the next client meeting.

Using the form provided as a guide, prepare the sales contracts.  Be sure to use the general contractual agreements and the characteristics of effective legal writing.

You’ll also need to write a list of 5 questions to ask Hank.  When writing the questions, ask yourself which facts you need to know to adequately prepare the sales contract.

Steps

1. Download the sample General Contract for Sales of Goods.
2. Using Microsoft Word, prepare a General Contract for Sale of Goods based on the facts of this scenario.
   • Use the sample sales contract as a guide.  Do not just copy the sample sales contract.  Use your own words.
   • Fully complete the sales contract with the proper contractual agreements.
3. In Microsoft Word, write a list of at least 5 questions for which you’d need the answer to in order to adequately prepare the sales contract.
4. By this Sunday, 11:59 PM (Mountain), submit both documents.

Check out the Rubric to find out how you will be evaluated.

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 Select and Adapt a Form

For this assignment, you’ll be given a real-world scenario and you’ll have to prepare an Option to Purchase Land.  Again, this is the sort of task you might actually do at a law firm.

Real-World Scenario

Your attorney is rushing off to a meeting and has to have an “Option to Purchase Land” prepared to present to a client first thing in the morning.  She has asked you to draft a new Option to Purchase Land document.

In the file is a description of the land that states that a certain parcel of land located at 835 S. Bridle Road, Jackson, Wyoming, Cook County, consisting of 15.34 acres of undeveloped land.  The file also contains the terms, which is a down payment deposit of $24,000 on signing the option and $275,000 at closing.  The deposit will be held in escrow and the contract is pursuant to Wyoming law.

Legal Description

Lots 6, 7, and the South ½ of Lot 3, West 60 feet of South ½ of Lot 4, West 60 feet of Lot 5 and Lot 8, Block 20, Jackson, Cook County, Wyoming.

The client’s name on the file is WHM Developers.  They are the purchasers.  The sellers are Mary and William Johnson.  The property will be conveyed by general warranty deed. If either party fails to perform, then they will pay all costs incurred on both sides.  The deposit is refunded if the seller fails to perform under the terms of the contract.  The seller has 7 days after acceptance to deliver title insurance commitment.

The closing date and date that the deed will be delivered will be 30 days from today’s date.  All taxes and premiums will be prorated as of the closing date.

The seller has marketable title, but the buyer has 5 days from receipt of title commitment and survey to notify the seller of any title defect.  The seller has 7 days to cure such defects at seller’s expense, but this shall not modify or change the closing date.  If the seller is unable to convey marketable title, the buyer can terminate the agreement and be refunded the deposit.  The buyer will not accept less than marketable title.

You should include standard loss or damage and default and attorney fee provisions.  The property will be delivered “as is” and there are no occupancy, zoning, and maintenance issues in this case since the land is undeveloped and zoned appropriately.

Search the Internet for examples of an “Option to Purchase Land” or “Option to Purchase.”  Use the examples you found as a starting point and draft a new Option to Purchase Land based upon the facts presented.

You may want to include the following areas in your Option to Purchase Land:

• Total Purchase Price
• Payment of Expenses
• Prorations
• Title Evidence
• Title Examination and Time for Closing
• Loss or Damage
• What will the Seller agrees to deliver?
• Occupancy
• Default and Attorney Fees
• Zoning and Restrictions
• Maintenance
• Are there any other agreements, promises or understandings?

Steps

1. Search the Internet for examples of “Option to Purchase Land” or “Option to Purchase.”
2. Using Microsoft Word, prepare an Option to Purchase Land based on the facts of this scenario.
   • Use the examples you found as guides only.  Do not just copy the examples.  Use your own words.  Be creative.
   • Fully complete the Option to Purchase Land with all of the necessary contractual agreements.
   • At the bottom of the contract, please copy and paste any web sites you used to help you create your Option to Purchase Land
3. By this Sunday, 11:59 PM (Mountain), submit the completed Option to Purchase Land.

Check out the Rubric to find out how you will be evaluated.

Here is the first question on the Discussion page.

This week, we’ll be discussing legal writing. Specifically, we’ll be discussing what makes up an effectively written contract. Let’s start with the basics. What information should a legal professional obtain from the client before drafting a contract?