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Why

O'Flaherty Law of Des Moines

?

Top 3 Qualities to Look for in Your Attorney

Cost-Effective

When we started our firm in the midst of the recession, we learned to survive in a lean environment and pass the savings on to our clients.  As the economy has improved, we have not changed our philosophy.  We are hungry to grow our client base, and so we have intentionally set our rates below what the market will bear.  Our mission is to make each client walk away feeling that they got more value than they paid for.  This is easier to do when we make our prices affordable.

Client-Focused

The secret to our success as a firm is incredibly simple: we build a personal relationship with each of our clients and treat them with the respect that they deserve.  We pride ourselves on our open lines of communication, frequent check-ins with our clients, and our accessibility.  We are here to help you in any way we can, often leveraging our network of resources to assist you with non-legal issues that you may be having.  We are your one-stop problem-solver and trusted adviser.  All attorneys say that they provide excellent client service, but, unlike other attorneys, we practice what we preach.  We make sure every client walks away happy . . . period.

Comprehensive

We are your community law firm.  Our business is built on long-term relationships with our clients.  Our clients have the luxury of building trust over time with one team of attorneys, rather than having to find a new attorney for each different type of matter that arises over the course of their lives.  No one attorney can be an expert at everything.  That is why we have worked hard to assemble a team of attorneys with extensive experience in different areas of expertise.  Our attorneys work together closely to bring our collective experience to bear on any issue that may arise for our clients.

Great at What We Do

Since our business comes entirely from referrals and community involvement, our reputation for quality legal work is our greatest asset . . . and it is extremely important to us.  Each of our attorneys is truly experienced in his or her practice areas, with the highest personal standards of excellence.  We are proud of our reputation in the community, and we did not achieve it by accident.  Our reputation for excellence comes from hard work, continuing education, and an above-and-beyond approach to our clients’ cases.

More information about our Des Moines Contract Law Attorneys:

Our Des Moines contract attorneys have extensive experience in reviewing, negotiating and drafting contracts. Whether it be a personal or business matter our Des Moines contract attorneys are here to help. We take pride in outstanding customer service and affordable rates that makes solving your legal needs painless.


You Don't Have to Leave Your Home For Your Legal Consultation

In this video, attorney Kevin O'Flaherty describes ways you can receive legal services from the comfort of home.

Des Moines Contract Law Attorneys

Please contact our friendly Des Moines Contract Law Attorneys at our nearest location to schedule a free consultation. If our office locations are not convenient for you, we are happy to speak with you by phone.

O'Flaherty Law of Des Moines

2716 Grand Ave., Ste. 2

Des Moines, IA 50312

Please contact our friendly lawyers to Schedule a Consultation.
See below for our other locations. If our office locations are not convenient for you, we are happy to speak with you by phone.
desmoines@oflaherty-law.com

What to Expect From a Consultation

The purpose of a free consultation is to determine whether our firm is a good fit for your legal needs. Although we often discuss expected results and costs, our attorneys do not give legal advice unless and until you choose to retain us. Although most consultations are complimentary, some may carry a charge depending on the type of matter and meeting location.

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Expertise Best Child Support Lawyers in Chicago 201710 Best 2016 Client Satisfaction American Institute of Family Law AttorneysAvvo Clients' Choice 2016 DivorceRising Stars Kevin P. O'Flaherty SuperLawyers.com10 Best Law Firms 2018 Client Satisfaction American Institute of Family Legal Counsel Attorneys Estate Planning Law40 under forty
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Further Reading from our Des Moines Contract Law Attorneys

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Contracts and Cancellations Due to COVID 19 in Iowa

In this video, our Des Moines contract attorneys will talk about seven clauses of particular importance when reviewing the contract.

  1. Description and Purchase Price: These items may be self-explanatory, but it’s important to note under “description” anything other than the address of the house. Also, you’ll want to make sure what is legally described in the title document matches up with the contract. Under purchase price, you will have the agreed-upon purchase price (this may be different from the original after negotiations) and the amount of earnest money that will be deposited upon agreement of the contract.
  1. Real Estate Taxes and Special Assessment: Normally, the sellers must pay the real estate taxes attributed to the property for the year it was sold in, prorated to the date of the closing. So if you sell your house in April, you’ll be paying less in real estate taxes then if you sold your house in August. However, be sure to check the contract as sometimes there is the option for the seller to pay no taxes on the house during the transaction and instead transfer that burden to the buyer.
  1. Time is of the Essence and Fixtures Clause: It’s important to note if “Time is of the Essence” is indicated on a contract because if certain deadlines are not met on the buyers or sellers end it could be considered a breach of contract and a reason for either party to back out without repercussions. The Fixtures clause indicates anything other than the walls, doors, winders, floor, etc that are not part of the overall structure, that would be included in the sale of the house. This may include items like window treatments, a pool table, a piece of furniture, etc.
  1. Condition of the Property: This clause may include a number of sub-clauses, all centered around the condition of the property. The primary “condition of property” clause explains that—unless specified otherwise—the property will be kept in its current state until possession by the buyers and that all items will be in good working condition at the time of possession.
  1. Remedies of the Parties: This clause usually contains stipulations explaining what happens in the case that the buyers or sellers fail to perform their contractual obligations in a timely manner and to what degree the opposite party can respond.
  1. Residential Property Disclosure Statement: Iowa law requires the sellers to fill out a form disclosing the conditions of the various parts and systems of the house, such as HVAC, plumbing, previous water damage, etc to their best of their knowledge. This protects the buyers from coming into a house and suddenly finding something that the sellers most likely knew about, but didn’t disclose, and it wasn’t found on the inspection report.
  1. Optional Provisions: Most real estate contracts in Iowa contain a number of optional provisions, which only apply if initiated by both parties. These include items such as purchase contingent on the sale of another property, buying the property “as is,” the seller’s right to continue to show the property while under contract, etc.

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Contracts and Cancellations Due to COVID 19 in Iowa

In this video, our Des Moines contract attorneys explain how it’s important to first determine whether your contract has one of these clauses. The specific language within the contract, the situation at hand, and the applicable state law will all be considered to make a determination as to whether the contract should be modified or cancelled. The Iowa Supreme Court defines force majeure provisions as a clause that “allocate(s) the risk if performance becomes impossible or impracticable as a result of an event or effect that the parties could not have anticipated or controlled.” The Iowa Supreme Court noted that these clauses aren’t intended to shield a party from normal risks associated with an agreement. A small number of courts have actually analyzed the application of force majeure provisions to the current Covid-19 pandemic and the rulings have been split. Most of the split has come due to the language of the clause within the contract. Should the clause be broadly defined, you may be able to terminate and walk away from your contract.


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How Much Time Do I Have to Back Out of a Contract in Iowa?

In this video, our Des Moines contract law attorneys go on to explain how for purchases above $25 made in the home or at your place of work, you have the right to cancel the contract within three business days as long as the transactions are purchased, leased or rented primarily for personal, family or household reasons. “Buying clubs” are membership groups that allow you to buy certain goods and services at a discount. The three-day policy should apply to all types of buying clubs. Suffice to say, be cautious and read the contract thoroughly with any business opportunity. In Iowa, the three-day cancellation period also covers the sale of a business opportunity regardless of the location where the sale took place. The three-day period also covers funeral services and any goods bought for the funeral service even if done at the seller’s place of business. Membership campground contracts give the buyer the right to use a portion or all of the available campground under a membership campground operator for a period of 30 days or more as stipulated under the contract. Timeshares often tout their own cancellation policies as part of the high-pressure sales pitch, but generally, you have 5 business days to cancel a timeshare contract after the seller delivers all the information concerning the assets and liabilities of the timeshare estate. The three-day cancellation period applies to all types of gyms, exercise clubs, fitness centers, etc, including tennis and racquetball clubs, golf clubs, gymnasiums, weight control studios, and martial arts studios. The one caveat to canceling gym memberships is that you will often get your full refund back, minus twenty dollars.


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