2025 Guide to South Dakota Contracts Lawyers

A contract is a legally enforceable agreement between two or more parties where each assumes a legal obligation that must be completed. Many aspects of daily life involve contracts, including buying property, applying for a car loan, signing employment-related paperwork, and agreeing to terms and conditions when buying products and services or using computer software. Contracts offer a framework for parties to define their rights, obligations, and remedies if terms are not upheld.

Contract laws vary by state. Consulting with an experienced contract attorney can ensure that a contract has clearly laid out terms and conditions agreed upon by the parties involved and all necessary elements are present to be legally binding. Common elements of a contract that makes it legally binding include:

• Offer
• Consideration
• Acceptance
• Legal capacity
• Legal purpose
• Mutual assent

When one party fails to fulfill their obligations as outlined in the agreement, it is considered breach of contract. Contractual remedies and applicable laws vary by state. Consulting with a contract attorney may be necessary to protect your rights. Potential consequences for breaching a contract include:

• Damages
• Specific performance
• Contract rescission
• Contract modification
• Legal action

The statute of frauds requires certain types of contracts to be in writing and signed by both parties to prevent fraud and other injury. The extent of statute of frauds varies by state. Common types of contracts that need to be in writing include:

• Contracts for the sale or transfer of real estate
• Contracts that cannot be performed within one year
• Contracts for the sale of goods
• Contracts involving guarantees or suretyship
• Contracts for marriage or prenuptial agreements

Consider the following when determining which law firm should provide legal representation for your contract case:

Comfort Level

- Are you comfortable telling the contracts attorney personal information? Does the lawyer seem interested in solving your problem?

Credentials

- How long has the lawyer been in practice? Has the lawyer worked on contract cases before? Do they have experience working with individuals, business owners, in-house counsel or other relevant stakeholders?

Cost

- How are the lawyer's fees structured - hourly or flat fee? Can the lawyer estimate the cost of your case?

City

- Is the lawyer's office conveniently located?