Q: Can i change unfavorable terms in a non-disclosure agreement without telling the other party before i sign?
I requested information on a business for sale through a broker, they sent me a non-disclosure agreement that stipulates if for any reason we go into litigation i am responsible for the legal fees they incur.
A: I assume they sent you the non-disclosure agreement before they disclosed private information about the business. Pretty common requirement. If you plan on disclosing the info, I would not sign it, but I do not know of a business broker who would disclose financial information about a business they list for sale without one. Also bear in mind that the loser gets to pay the legal fees of the winner, whoever he is. That is California law!
A: If you unilaterally change the terms, it may void the proposed Contract and the other party may refuse to sign it as well. The best first step is an Initial Consultation with an Attorney. You can read more about me on my law practice website. This answer does not constitute legal advice nor does it create any Attorney-Client relationship.
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