05 de October de 2021

in almost all moments of our life, we observe various contracts – regarding purchase and sale of a property, the rental of a property, or whatever else.

On the other hand, it is rather common that people find contract templates online, hoping that this will meet their needs in a simple and affordable manner.

However, there can be huge risks with this practice, risks which can sometimes not appear until later.  For example, when one of the parties doesn’t comply with their contractual obligations and leaving the other party to deal with the rental payments.  It might seem suspicious for a lawyer to bring up this information, but I’ll mention an example which demonstrates how only a legal professional which specializes in this area – would have the conditions to evaluate all possible risks and therefore make any necessary adjustments.

Very often in contracts, there is a requirement to have a guarantor more than anything – a person to guarantee payments.  However, few people understand the importance of verifying if the guarantor is married and in which case, to acquire the signature of the partner also on the contract.  On the other hand, the reader might think : “and if the guarantor omits or lies about such information”.  There is a solution for this.  In every contract, there should be a space for the guarantor to declare clearly if they are married not, as this declaration can have consequences later.

The TJ/RJ, for example, has already determined that the contract should have a space for such information, we can see : “Moreover, it is not appropriate for the allegation of the violation of principle to in good-faith, considering that the guarantor in the forementioned contract to not declare himself as being single.  It should be noted that the document does not feature a field for full completion by the guarantor and therefore not providing full opportunity to declare themself as being married”.

Therefore, it is important to take care with usage of such online documents – as quite often in the future, it can bring problems.

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