We are regularly asked to document an amendment or clarification of a contract or lease by creating a secondary letter, sometimes at the last minute. They are seen as a convenient way to deal with certain issues, often at the time of completion or exchange. This may be due, for example. B, to the fact that the secondary problem is only a temporary or personal problem, or to avoid processing an approved and signed document with fair copy. This is a hot zone at the moment, as many tenants are asking landlords for concessions to ease the terms of their existing leases during the downturn caused by the De Covid 19 pandemic. But how opposable are they? What are the consequences of using contingency letters and are we polluting the subject? As far as form is concerned, in most cases a letter is based on the consensual. Although tights can in principle be concluded orally, the parties can guarantee solid evidence. Some transactions will even require legal formality. An image is provided by the BGB, which indicates that the purchase of a house must be concluded before the notary (s. 311b I 1 BGB) or, failing that, considered invalid (s. 125 BGB). This paragraph also applies to letters of condolence that are considered invalid if they do not meet these formal requirements. It could affect the entire contract that would invalidate it (s.
139 BGB). In addition, with respect to leases, lease letters must have all the conditions on a document signed by both parties to comply with Section 2 of the Property Act 1989. The lease and schedule agreement must relate to each other, otherwise the subsidiary letter in Section 2 becomes invalid. To increase secrecy, parties to an alternative letter sometimes choose to keep it in trust. In this subsequent situation, the parties must carefully develop the instructions they wish to give to the agent and may decide to recruit lawyers as agents in order to use the legal privilege associated with this profession. At the risk of saying the obvious, the effectiveness of the mailing note depends on its drafting. What may seem like a simple short way to solve a problem or solving a point that has often been prepared at the last minute in the short term can create more problems than was intended to solve. The final criteria, and probably the most important, are consideration (a form of payment). Consideration should not take a monetary form and can only be a mutual advantage (or disadvantage). As a general rule, a letter is used to clarify the details of the contract and, therefore, the need for consideration is satisfied, since there is a benefit to both parties. In the absence of a benefit or payment, a letter can only become legally binding if it is carried out as an act, which means, among other things, that it is an act and that the signatures of the parties must be secured. This message explains what a letter is and the circumstances under which a letter can be used.
The first point that can often lead to uncertainty is: “How is a letter applicable?” Simply put, if you want the letter to be legally applicable, it must comply with the requirements of the contracting requirement. If this is the case, implementation should not be a problem. It is worth clarifying in the letter whether all or some of the conditions (or not at all) must be legally binding. Filed Under: All Tagged With previews: business law, landlord, legal counsel, contact letters, tenant Where the letter should vary the main contract, without thinking carefully that this could lead to the accidental release of a warranty. This may also be the case where the amendment does not have a direct impact on the bond obligations. Conversely, the letter can create a contractual relationship if it was not intentional. In principle, if the agreements reached must be limited in time (i.e. if the agreement applies only to one tenant), it should be made clear in the letter so that neither party is confused.