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University of Arkansas
Fayetteville, AR 72701

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Why is This Boilerplate in My Real Estate Contract?

By · October 14, 2005 · 2005 Ark. L. Notes 390
In categories: Archive

“Boilerplate: Standard legal language . . . . It has been baffling to laymen, but has been accepted by courts for so long that lawyers have little incentive to simplify such language.”

In truth, standard legal language need not be baffling, and most definitely should not be unduly complex.  No matter whether you call them miscellaneous clauses, standard provisions, or boilerplate terms, you may sometimes wonder how so many of them have become commonplace in real estate contracts.  How important are they in routine real estate contracts, and when are they especially significant?  To what extent are they enforceable?  If they are important and enforceable, what hidden mischief do they portend?

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