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Interpretation of “Best Efforts” Clauses in Real Estate Contracts

January 23, 2013

What standard of care or contractual duty should be applied in order for a party to fulfill a “best efforts” requirement in a contract? This question is a frequently litigated topic in contract dispute cases, including real estate contracts, as “best efforts” clauses, when not sufficiently defined by the contract, can be misinterpreted or misapplied.

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