Latest Articles
Misc
November 17, 2018
Adhesion Contract

Word of the day
Adhesion Contract
A contract that is one-sided, favoring the party who drafted the document. In fact, an adhesion contract can be so one-sided that doubt arises as to its being a voluntary and uncoerced agreement because it implies a serious inequality of bargaining power. Courts will not enforce provisions in adhesion contracts that are unfair and oppressive to the party who did not prepare the contract. Also called a take-it-or-leave-it contract.
Contracts with a lot of fine print, such as franchise agreements, mortgages, and leases, are sometimes challenged as adhesion contracts on the basis that the non-drafting party did not have a chance to bargain on the various provisions of the agreement.
An insurance contract (property, title, life) also is sometimes challenged as being an adhesion contract. Courts have held that any ambiguity is to be construed in favor of the insured, and any exclusion from coverage must be clearly and conspicuously stated. Courts will also apply the doctrine of unconscionability.
Contracts with a lot of fine print, such as franchise agreements, mortgages, and leases, are sometimes challenged as adhesion contracts on the basis that the non-drafting party did not have a chance to bargain on the various provisions of the agreement.
An insurance contract (property, title, life) also is sometimes challenged as being an adhesion contract. Courts have held that any ambiguity is to be construed in favor of the insured, and any exclusion from coverage must be clearly and conspicuously stated. Courts will also apply the doctrine of unconscionability.

Share this post:

Written by
John Reilly
Related Post

Industry, Residential Real Estate, Education
Library of Real Estate Clauses
December 16, 2018

Brokerage, Technology, Consumer News, Residential Real Estate, Education, Misc
Short Sales and Tips for Newly Licensed Real Estate Agents
December 5, 2018

Brokerage, Consumer News, Residential Real Estate, Misc
Unilateral Contract VS Bilateral Contract
November 23, 2018
http://www.realtown.com/blog/Above-and-Beyond-CMLS2018-Saul-Klein-interviews-Rebecca-Jensen-CEO-MRED
http://www.realtown.com/blog/is-the-fed-and-congress-still-winking-and-nodding-at-mortgage-kickbacks
http://www.realtown.com/blog/coldwell-banker-on-location-youtube-channel-surpasses-two-million-views
http://www.realtown.com/blog/five-strategies-to-build-your-business-from-real-estate-s-leading-women
http://www.realtown.com/blog/realtown-announces-poll-results-of-nar-membership-fee-increase-proposal
http://www.realtown.com/blog/r-e-marketing-strategies-avoiding-mistakes-when-asked-so-what-do-you-do
http://www.realtown.com/blog/r-e-marketing-strategies-hate-to-make-cold-calls-tips-to-make-it-easier
http://www.realtown.com/blog/clear-capital-reports-slowing-of-national-quarterly-home-price-declines
http://www.realtown.com/blog/cb-expands-its-international-network-with-francise-agreement-for-greece
http://www.realtown.com/blog/coldwell-banker-real-estate-releases-annual-home-price-comparison-index
http://www.realtown.com/blog/nar-awards-grants-to-support-local-association-smart-growth-initiatives
http://www.realtown.com/blog/insurance-internet-marketing-for-p-c-agents-offered-by-agreatertown-com
http://www.realtown.com/blog/real-estate-marketing-strategies-seven-powerful-tips-to-more-confidence
http://www.realtown.com/blog/virtual-receptionist-services-are-the-ideal-and-cost-effective-method-1
http://www.realtown.com/blog/pandora-ring-is-the-quality-of-the-lyalty-declaration-of-love-ring-at-1
http://www.realtown.com/blog/luxury-real-estate-is-paris-the-most-attractive-city-for-large-fortunes
http://www.realtown.com/blog/re-marketing-strategies-does-your-people-pleaser-pattern-get-in-the-way
http://www.realtown.com/blog/the-hamp-is-not-successful-in-helping-people-distressed-by-foreclosures
http://www.realtown.com/blog/re-marketing-strategies-mistakes-agents-make-with-the-law-of-attraction
http://www.realtown.com/blog/marketing-strategies-do-you-find-it-easy-or-difficult-to-toot-your-horn
http://www.realtown.com/blog/there-are-varieties-of-gladiator-fashion-women-shoes-that-are-available
http://www.realtown.com/blog/lender-processing-services-announces-formation-of-lps-real-estate-group
http://www.realtown.com/blog/cb-portraits-campaign-spotlights-multimedia-re-tools-and-consumer-trust
http://www.realtown.com/blog/r-e-marketing-strategies-how-you-can-end-the-habit-of-procrastination-1
http://www.realtown.com/blog/fannie-mae-and-freddie-mac-again-under-pressure-to-suspend-foreclosures
http://www.realtown.com/blog/federal-aid-unable-to-control-rise-in-bank-and-hud-foreclosure-listings
http://www.realtown.com/blog/point-appoints-re-veteran-walter-t-baczkowski-jr-as-chief-sales-officer

2021 Real Town The Real Estate Network