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Contract negotiations: Make an issue checklist

An issue checklist is a list of important issues that your negotiation needs to address. For each issue, you should identify your ideal outcome, acceptable outcome, and unacceptable outcome.

In contract negotiations, this is easy. Find contracts like yours — Google is your friend — and skim each one to see what issues it covers. You’ll notice that there are certain core issues covered in every contract, and some ancillary issues that are only covered in some contracts.

For example, say you’re negotiating a home purchase and sale. You’ll find lots of contracts online, and you might have friends who are willing to share theirs. Some of the clauses in these contracts are obvious — for instance, correctly identifying the house. Others are not so obvious — for instance, what happens if the purchaser’s financing falls through? Should there be a time extension?

Look at as many example contracts as you can. Contracts are typically split into short sections. For each section, figure out what issue the section addresses. Add the issue to your checklist. For example, in the home purchase and sale example, one issue would be whether fixtures and additions to the house are included in the sale. Note that on your checklist – fixtures and additions included?

When you’re done looking at example contracts and creating your big issue checklist, narrow it down to create a list of key issues for you. This is the checklist you’ll take into your negotiation. Prepare by identifying your desired and undesired outcomes. Don’t end the negotiation until you have addressed every issue on the list.