Are you about to negotiate a deal or a takeover and would you like to set out the terms in a Letter of Intent? Marxman Advocaten in Amersfoort drafts letters of intent and advises on what is and isn’t binding. We can also assist you if negotiations break down: breaking off negotiations can lead to liability – and you don’t want to be caught off guard by that. Marxman assists entrepreneurs with, amongst other things: drafting and reviewing a Letter of Intent (LOI), arranging confidentiality and exclusivity clauses, advising on what is binding, and the risks associated with broken-off negotiations.
A Letter of Intent sets out the broad outlines and terms of the negotiations before the parties enter into a final contract. It often contains binding provisions (such as confidentiality and exclusivity) alongside non-binding statements of intent. This distinction is crucial – and is often misjudged. Marxman ensures that the LOI says exactly what you mean.
In principle, negotiations may be broken off, but if the other party had a legitimate expectation that a deal would be reached, breaking off negotiations may give rise to liability. Marxman advises on how to negotiate safely and, if things go wrong, how to defend your position.
Please contact Marxman Advocaten in Amersfoort. Get in touch.