Julia Barth is an attorney and highly valued partner of Champions DFW. She is the principal owner of JP Barth Law Firm and Juniper Title–located in Colleyville, Texas. She joined Jim Kelley and Lon Lloyd in this edition of the Champions DFW podcast. Julia is a charismatic attorney who lends a wide array of expertise in commercial real estate. Here is an excerpt of her conversation with Jim and Lon…
Jim Kelley: We do incorporate a lot of promulgated contracts purchase sell agreements because it seems to be simpler and easier and then attorneys like yourself will come in and then add exhibits or addendums to that contract that covers and protects their client. So we are seeing more of that than straight attorney drafted sell purchase agreements.
Julia Barth: And that’s one of the things I did want to chat about is sometimes there’s an improper use of special provisions that we see and so there’s not a whole lot of detail to say about that other than if the rule of thumb is if it’s not purely factual that you should have someone draft it. So that’s where your networking partners come in handy because you can call us or you can call whoever you’re working with and tell them sort of the gist of what you’re trying to accomplish. Ask them to draft it. And often times the attorney will do an addendum and just attach it to that promulgated form that keeps everybody out of trouble and makes sure that the deal process is in closes. But often times we’ll see things that are put in special provisions that are unclear and problematic and cause for people to get upside down and get mad at each other especially everything’s fine when deal closes. But if it doesn’t close that’s when people fight with each other and have problems and then the nuances of an end instead of and if they become important. So, special provisions I would say make sure you have a good networking partner that can draft those for you. It doesn’t take an attorney longer to text it even to you and have you place it into your contract.
Jim Kelley: We highly recommended to all of our listeners and our partners and our clients that if you’re doing a buy sell agreement with real estate that you have some legal counsel in your corner to review and an attorney or legal counsel within the state because an attorney outside the state may not be up on Texas rules and laws as it relates to real estate.