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Topic 02 of 6

Contracts
Written Agreements

Contracts are the foundation of business relationships. Most business disputes involve either the absence of a written agreement or one that was poorly drafted. Understanding what should be in writing, what to look for before signing, and what to do when things go wrong can prevent some of the most costly legal problems small businesses face.

Signposting tool only — not legal advice. This page explains what this area involves and points you to official government sources. It does not assess your situation or tell you what to do. Consult a licensed attorney for your specific circumstances.
Things to be aware of in this area
This is not a compliance checklist. These items flag areas worth exploring — they are not a substitute for professional legal review. Ticking all boxes does not mean you are compliant.
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I know that verbal agreements can be legally binding but are very difficult to enforce
I put all significant business agreements in writing — suppliers, clients, contractors, partners
I read contracts before signing and do not rely solely on the other party's summary
I understand what I am agreeing to in any contract I sign, or I seek advice first
My contracts specify payment terms, deadlines, and what happens if either party does not perform
I have a written agreement with any partner in my business
I use written agreements with freelancers and contractors I hire
My client contracts specify what is and is not included in the scope of work
I know what the dispute resolution clause in my contracts says (arbitration vs court)
I understand that signing a contract with unfair terms does not make those terms illegal — you are generally bound by what you sign
Where to get authoritative information
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SBA — Contracts and Legal Requirements
SBA overview of contracts, what makes them legally binding, and common business contract types.
https://www.sba.gov/business-guide/manage/stay-legally-compliant-business-laws →
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FTC — Business Guidance
Federal Trade Commission guidance on unfair contract terms, deceptive practices, and business obligations.
https://www.ftc.gov/business-guidance →
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SCORE — Contract Basics for Small Business
SCORE articles and mentors who can help you understand what contract terms mean before you sign.
https://www.score.org/resource/blog-post/contracts-101-small-business-owners →
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US Courts — Going to Court
Official guidance on small claims court, federal civil court, and alternative dispute resolution options.
https://www.uscourts.gov/about-federal-courts/types-cases/civil-cases →
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USA.gov — Legal Help
Directory of legal aid organisations, bar association referral services, and low-cost legal help by state.
https://www.usa.gov/legal-aid →
A client is not paying — what are my options?

If you have a written contract, you have a foundation for action. Options include: (1) sending a formal demand letter, (2) filing in small claims court (amounts and limits vary by state — typically $2,500 to $25,000), (3) engaging a collections attorney for larger amounts, or (4) mediation or arbitration if your contract requires it. Without a written contract, enforcement is much harder. Your state's small claims court website will list limits and procedures. USA.gov/legal-aid can connect you with free or low-cost legal help.

Is a contract signed online or over email legally binding?

Generally yes — the US Electronic Signatures in Global and National Commerce Act (E-SIGN Act) and the Uniform Electronic Transactions Act (UETA, adopted by most states) recognise electronic signatures and email agreements as legally binding. The key factors are whether both parties agreed to the terms and whether there is evidence of that agreement. However, some contracts — real estate, wills, and certain government forms — have specific requirements. When in doubt, consult an attorney.

I signed a contract with bad terms — can I get out of it?

In most cases, you are bound by what you sign, even if the terms were unfair. Exceptions exist — fraud, duress, illegal terms, contracts with minors, or certain consumer protection rules may invalidate specific clauses. Courts generally hold that parties are responsible for reading what they sign. Before signing any significant contract, have an attorney review it. After signing, get legal advice before assuming you can exit — breaking a contract without cause can expose you to damages.