Review Letter of Intent in Washington for Health Care Business
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Letter of Intent
Washington
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Health Care
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Letter of Intent
North Carolina
Can a Letter of Intent be legally binding?
I am in the process of negotiating a business deal with another party, and we have exchanged a series of letters of intent outlining our intentions and basic terms of the agreement. However, I have heard conflicting opinions on whether a letter of intent is legally binding or merely a preliminary document. I want to understand the legal implications of these letters and whether they can be enforced in case of a breach by either party.
Jeff G.
Yes, they can, depending on how they’re written. Generally speaking, a promise to enter into an agreement isn’t binding. But the problem with most Letters of Intent is that they can sometimes contain all of the essential elements of a contract: offer, consideration, demonstration of capacity, and contracting for something it’s legal to contract for. So how is a Letter of Intent NOT a contract? You have to remove one of the elements, usually the offer or consideration. It has to say that it’s not an offer, for example - that it’s a negotiation document. And 99/100, LoI’s don’t say that at all.
Letter of Intent
New York
Can a Letter of Intent be legally binding?
I am in the process of negotiating a business deal with another party and we have exchanged Letters of Intent as a preliminary agreement. However, I am unsure if this document holds any legal weight and if it can be enforced in case of a breach. I want to understand the legal implications of a Letter of Intent and whether it can be considered a legally binding contract.
Arthur S.
Short answer is yes...provided they contain the basic elements of a binding agreement. LOI's can be short and simple or extensive and detailed. Most often, LOIs are intended to provide a road map for the drafting of more formal, comprehensive binding agreements and contain an express a provision that they are not intended to be binding upon the parties to the LOI.