Legal Question in Business Law in California

Business Contract question

Can my client legally put a clause in his contract to me (his vendor) that payment will not be made until he is paid from one of his clients? Is this an illegal clause?


Asked on 1/27/09, 6:35 pm

5 Answers from Attorneys

Michael Stone Law Offices of Michael B. Stone Toll Free 1-855-USE-MIKE

Re: Business Contract question

If you agree to this term, you'll never get paid. You might as well agree that you'll be paid when the cow jumps over the moon. How about 15 days after receipt of invoice with 18 percent interest on past due balances; and they pay your attorney fees and other collection costs.

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Answered on 1/27/09, 6:46 pm
Edward Hoffman Law Offices of Edward A. Hoffman

Re: Business Contract question

There is nothing illegal about the term you describe. If both parties agree to it, it will be binding on them and enforceable in court. That, however, is a rather important "if".

If you already have a contract in place, then neither of you can change it without the other's consent (unless the contract expressly says you can). If you don't already have a contract and the client insists on a term you don't like, you don't have to sign. Either way, you can't be forced into a deal you don't want to make.

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Answered on 1/27/09, 6:48 pm
Terry A. Nelson Nelson & Lawless

Re: Business Contract question

Illegal? No.

Foolish if you sign? Yes.

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Answered on 1/27/09, 7:01 pm
Scott Linden Scott H. Linden, Esq.

Re: Business Contract question

Although not illegal, it is certainly not in your best interests. As the vendor, you should have your own standard form contract that the buyer is required to agree to.

If you need assistance at creating one of thes, please feel free to contact me at the email provided by LawGuru or at our firm's site RulesofEmployment.com.

Scott

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Answered on 1/27/09, 7:14 pm
JOHN GUERRINI THE GUERRINI LAW FIRM - COLLECTION LAWYERS

Re: Business Contract question

It's not illegal. You would be crazy to agree to it though, because your vendor would undoubtedly never pay you.

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Answered on 1/27/09, 8:10 pm


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