[real-eyes] Fw: Free Forms and Tips for Finding More

  • From: "Reginald George" <sgeorge@xxxxxxxxx>
  • To: <real-eyes@xxxxxxxxxxxxx>
  • Date: Mon, 5 Apr 2010 19:55:29 -0500

Who hasn't needed a free form now and then.

Here's some research I did for a friend that others might find helpful.

Reg



Free Legal Forms
Free Legal Forms .net offers over 2000 legal forms for free online.


Download free legal forms - from the 'Lectric Law Library
Free Legal Forms for business and general forms covering Contracts, Bills of 
Sale ... source or use current, state specific ones like those mentioned 
below. ...
www.lectlaw.com/formb.htm -


Docstoc - Documents, Templates, Forms, Ebooks, Papers & Presentations
Docstoc is a community for people to find and share professional documents. 
Find free legal documents and free business documents.
www.docstoc.com/ -


Finding Free Legal Forms Online - And Using Them Safely
By Aaron Larson
Law Offices of Aaron Larson
September, 2003
Contents
.Introduction
.Many Free Forms Are Available Online
.The "Battle of the Forms"
.Why State and Local Law Matters
.Act With Care
Introduction
People who search the Internet for free legal forms often find the 
experience to be a bit frustrating. While there are some legal forms 
available, often the search engine results for a search for a "free legal 
form" lead to a site which sells forms. Even when a free or sample form is 
provided, it may not fit the needs of the person seeking the form, or may be 
written for the laws of a different state.

Many Free Forms Are Available Online
While most jurisdictions (and a lot of websites) offer free simple will 
forms, or power of attorney forms, it is usually harder to find form 
contracts, leases, or other such documents. Searches may not produce any 
meaningful results, or produce a list of form vendors. And usually if you 
want to buy a form, you are better off (and save money) by buying the forms 
at a local office supply store rather than online - at least that way you 
can see what you're getting before you pay, and you know the publisher has 
made a product which is suited to your state.

The best way to find free forms is not by entering a search for "free legal 
form", or something similar - it is by taking a sample of the text which 
usually appears on a form, and entering that as your search query. You are 
much more likely to end up with a form that has actually been used - that 
is, one in which the parties' names appear in the form - and will have to 
edit out that information before you can use the form. But you are also 
quite likely to find a form that is free.

By way of example, if you are looking for a free real estate form, such as a 
rental agreement or a lease for an apartment, and you type the search:

free lease form

You may get some generic forms, but you will often find that the forms 
offered are meant as an enticement to convince you to buy a set of forms or 
downloadable form, and the form you find may not be specific to your state. 
You will also find probably find agreements to lease objects, such as office 
furniture, instead of real estate.

The key to finding good forms, specific to your community, is to use 
language which almost always appears on the form, and search for that 
language along with the name of your state or province. For example, 
residential leases almost always prohibit a tenant from subleasing property 
without permission from the landlord. Thus, if you instead search for:

Michigan tenant may not sublet without written consent

Your search results will include forms used by actual Michigan landlords, 
and possibly a few other genuinely free form leases.

Similarly, in searching for other forms of contract, adding language from 
standard contract clauses will help produce real contract forms, not 
glorified ads for forms vendor sites.

The "Battle of the Forms"
Please be aware when using any free or standardized form product, whether 
you purchase it online, in a store, or download it from the Internet, that 
the form is probably written from a specific perspective. It may be unusual 
to think of a legal form as having a perspective, but the fact is that most 
forms are written by one or the other party to a contract, and they write 
the form such that the terms of the agreement work in their favor. Lawyers 
refer to this jockeying by each side to get their own form used as the 
"battle of the forms" - and the side which wins that battle will often have 
greater protection under the contract and more remedies available in the 
event of a breach.

If you find a free bill of sale form, for example, read the terms carefully. 
Bills of sale almost always reflect a "pro-buyer" stance or a "pro-seller" 
stance. A pro-buyer form typically includes guaranties or warranties about 
the product being sold, with minimal consequences for a late payment, and 
may include penalties for late shipment or delivery. A pro-seller form 
typically disclaims warranties, express or implied, about the product - 
perhaps even selling the product "as is", typically includes penalties for 
late payment - often late fees and interest - and may excuse late shipment 
or delivery. Using the other side's standard form can leave you with little 
or no remedy in the event that the other side doesn't perform its 
contractual duties.

If you accidentally use a form which was intended for use by "the other 
side", you may strip yourself of legal rights and remedies. If you have any 
doubt that you may have selected an inappropriate form, get help from 
somebody who truly understands the terminology used in legal forms and 
contracts before you use the forms.

Why State and Local Law Matters
Different states and provinces have different rules about warranties, when 
warranties may be waived, what interest or late fees may be charged for late 
payment or on the balance of an installment contract, the rights of 
landlords and protections offered to tenants, and other matters which may be 
highly relevant to a contract or legal agreement. A form that is so generic 
as to avoid any application of state or local law may not be sufficient to 
protect your rights - no matter which side you are on - as it does not 
reflect any special remedies or protections available to you under the law.

Act With Care
If you have any doubt about a legal form you find for free, or even one you 
buy from an office supply store or website, the best thing you can do is 
have the form reviewed and approved by a legal professional. You may find a 
lawyer's review of a form, particularly one you wish to use in multiple 
transactions, to be both helpful and affordable, and if there is a defect or 
omission in the form that advance review can save you a lot of anguish and 
money in the event of future trouble with the other party to the agreement.

Copyright © 1998-2006 Aaron Larson. All rights reserved. No portion of this 
article may be reproduced without the express written permission of the 
copyright holder, except as follows: You may link this article to your 
website, either directly or through an ExpertLaw Library index page, 
provided your link does not depict this article, its author, or 
expertlaw.com in a negative manner.

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