contract law
Contracts
Michigan attorneys who have both practical business experience as well as legal expertise are rare. David Soble is one of these exceptions. He is a business owner, former “big bank” insider, active real estate investor, and of course, lawyer. He brings over 30 years of real life business and real estate experience to the table for his business clients.
Operating a business is not easy. Business owners have to regularly deal with issues as mundane or as complicated as:choice of business entity; business tax consequences; organizational documents; operating agreements; partnership agreements; employment contracts; consulting contracts; non-compete agreements; compliance with bank and consumer protection laws; commercial negotiations; and an resolution of stockholder/partner/LLC disputes. This is not an exhaustive list. Whether you own a business or are opening a business, you owe it to yourself to speak with David Soble and his “proven resource” of business colleagues who can effectively address your concerns.
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Contract Law
We prevent and resolve problems related to Michigan and Ohio contract issues. Creating a good and viable contract between parties is of paramount importance. There is an old adage in business: “pay now or pay later.” This is never more true than when it comes to generating a contract. A written contract is most often the foundation for all business relationships.
The elements that must be established to demonstrate the formation of a legally binding contract are (1) offer; (2) acceptance; (3) consideration; (4) mutuality of obligation; (5) competency and capacity; and, in most circumstances, (6) a written instrument.
Contract law and legal theory have developed over the centuries and thousands upon thousands of cases center around the six elements listed above. The contract attorney’s job is to create contractual provisions that protect their client’s interests not only for when business relationships are good between parties, but more importantly, if and when these relationships deteriorate.
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Why Clients Choose Us
Soble Law, led by attorney David Soble, is a boutique law firm based in Michigan, focused on real estate law, probate, and contract litigation. With over 35 years of legal and big corporate banking experience, David Soble and his legal team offer a niche alternative to large national firms to informed clients who value senior-corporate-level counsel, financial and realty-industry insight, and education-forward service. They provide practical legal solutions that protect clients’ property and financial interests. Known for their no-nonsense approach, the firm represents individuals, families, and businesses across Michigan and Ohio, offering clear guidance through complex legal matters.
- Former Big Bank "Insider"
- HigHest Peer and Client Ratings
- 24 Hour Response
- 30 +Years of Legal & Business Experience
- Affordable & Approachable
- Innovative & Creative solutions
We Reduce Legal Exposure & Financial Risk. Every Day.
Real Estate Law
Real estate and finance law are their own legal specialties. So how do you determine which attorney you should work with...
Contract Law
Contracts regulate expectations between parties. Working without a contract is comparable to walking a high wire without a net.
Business Law
Attorneys having years of both practical business experience as well as legal expertise are rare. David Soble is one of these...
Financial Disputes
David Soble has decades of experience as a 'big bank insider." He and his business management team are uniquely situated when it comes to handling our clients stressful financial....
Litigation
We regularly and successfully litigate real estate and contract issues. While we prefer to first resolve our client's issues reasonably and amicably, we can and certainly will escalate....
Probate & Estate Planning
For most people, their home, or other real estate, is the most valuable asset that they own. We're dedicated to protecting our clients' assets and ensure that their legal interests...
Articles About Land Contracts
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Why Clients Choose Us
Soble Law, led by attorney David Soble, is a boutique law firm based in Michigan, focused on real estate law, probate, and contract litigation. With over 35 years of legal and big corporate banking experience, David Soble and his legal team offer a niche alternative to large national firms to informed clients who value senior-corporate-level counsel, financial and realty-industry insight, and education-forward service. They provide practical legal solutions that protect clients’ property and financial interests. Known for their no-nonsense approach, the firm represents individuals, families, and businesses across Michigan and Ohio, offering clear guidance through complex legal matters.
- Former Big Bank "Insider"
- HigHest Peer and Client Ratings
- 24 Hour Response
- 30 +Years of Legal & Business Experience
- Affordable & Approachable
- Innovative & Creative solutions
We Reduce Legal Exposure & Financial Risk. Every Day.
Real Estate Law
Real estate and finance law are their own legal specialties. So how do you determine which attorney you should work with...
Contract Law
Contracts regulate expectations between parties. Working without a contract is comparable to walking a high wire without a net.
Business Law
Attorneys having years of both practical business experience as well as legal expertise are rare. David Soble is one of these...
Financial Disputes
David Soble has decades of experience as a 'big bank insider." He and his business management team are uniquely situated when it comes to handling our clients stressful financial....
Litigation
We regularly and successfully litigate real estate and contract issues. While we prefer to first resolve our client's issues reasonably and amicably, we can and certainly will escalate....
Probate & Estate Planning
For most people, their home, or other real estate, is the most valuable asset that they own. We're dedicated to protecting our clients' assets and ensure that their legal interests...
FAQs
Frequently Asked Questions
In Michigan, what happens when parties to a contract allege that the other party breached the contract terms?
To establish a breach of contract, one must prove “(1) there was a contract, (2) the other party breached the contract, and (3) the breach resulted in damages to the party claiming breach.” Bank of America, NA v First American Title Ins Co, 499 Mich 74, 100; 878 NW2d 816 (2016). The salient element is the second, when both parties alleging that the other breached the contract. “The rule in Michigan is that one who first breaches a contract cannot maintain an action against the other contracting party for his subsequent breach of failure to perform.” Michaels v Amway Corp, 206 Mich App 644, 650; 522 NW2d 703 (1994). “However, that rule only applies when the initial breach is substantial.” Id (emphasis added). “In determining whether a breach is material, the court should consider whether the non-breaching party obtained the benefit it reasonably expected to receive.” Omnicom of Mich v Giannetti Inv Co, 221 Mich App 341, 348; 561 NW2d 138 (1997).
Do all contracts have to be in writing to be enforeable?
No, a contract can be legally enforceable whether it is made in writing or it is an oral agreement. There are some exceptions however. Under the Statute of Frauds, certain agreements are not enforceable if they are not in writing. For example, agreements related to real estate that have a term exceeding one year must be in writing to be valid. Check with our attorneys to learn more about these exceptions.
What if I signed an agreement on behalf of a small company that I own. Am I also personally responsible for the company if it defaults?
Whether or not you will be held personally responsible under a contract will depend on the provisions in the contract. If you signed as a ‘personal guarantor’ for the company, you will be held accountable for the company’s obligations, but to what extent will depend upon how you negotiated your guaranty.
I never signed an agreement, but now I am being sued. Can I be held liable?
Even if you feel that you did not enter into an agreement, a court may find that you are bound by a contract pursuant to the legal doctrine of “promissory estoppel.” The court will determine if (1) a legal relationship either exists or is anticipated between the parties; (2) representations are given in circumstances that lead the other party to assume the promise will be performed; (3) reliance by the other party on the promise or representation to their own detriment; and (4) it would be unconscionable for the promisor to go back on their promise.
Can I collect punitive damages for a seller's breach of a business agreement?
What does an anticipatory breach mean?
Unless the conduct of the other party was so outrageous, reckless, or malicious, it is highly unlikely that a court would award punitive or exemplary damages in a contract case. Compensatory damages are awarded instead. Courts most often award compensatory damages covering the actual loss the nonbreaching party incurred as a result of the breach of contract. Compensatory damages replace the loss caused by the breach.