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- Version 5.2- Freely distributed/ evaluation copy
-
- MANUAL
-
- THE HOME AND BUSINESS LEGAL GUIDE AND FORMS GENERATORTM
-
- Copyright 1990 Kraft & Byron
-
- All Rights Reserved
-
- INTRODUCTION
-
- A. PLEASE READ THE READ.ME FILE FIRST!
-
- B. ORGANIZATION OF THIS MANUAL-- We provide two separate but
- complimentary manuals. The first is the "quickstart" manual. If
- you are a power user, this very brief manual explains each active
- key and function. The second manual (the one that you are now
- reading) is a detailed manual, consisting of 8 sections:
-
- 1) System Requirements/Installation
- 2) Use of the program
- 3) The information needed to generate legal forms
- 4) Customer Satisfaction- Support- Custom Forms Service
- 5) About the Radio Law Firm (tm)- Our nationwide call in radio
- show
- 6) About our staff
- 7) Legalese-- warranties, trademarks, warnings
- 8) Index
-
- SECTION ONE
- INSTALLATION
-
- Section 1-1 SYSTEM REQUIREMENTS
-
- In order to operate this program, your computer must:
-
- 1) have an IBM PC compatible operation a version of M.S. DOS,
- D.R. DOS or P.C. DOS of 2.1 or higher; this includes 2.1, 3.0,
- 3.1., 3.2, 3.3, 4.0 and higher or OS/2, PS/2; to find out which
- version of "dos" you have installed enter at a system prompt;
- this program happily runs under Windows environments/Desqview
- etc.:
-
- <ver>
-
- SPECIAL NOTE: IN THIS MANUAL THINGS TO BE ENTERED ON THE COMPUTER
- ARE ENCLOSED IN ANGLED BRACKETS "<" ">". Do not type the brackets
- as they are only placeholders for text to be entered by you.
-
- and you will receive a cheery message such as
-
- MS-DOS VER 3.20
-
- in general this program will operate on XT compatibles, '286
- compatibles (AT Class) and '386 compatible systems; 486 systems;
-
- 2) have a hard drive (fixed disk);
-
- 3) have at least 448 K Bytes of USABLE memory; many computer
- users have machines that are installed with 512K, 640K or more
- but install many Terminate and stay resident (TSR or "memory
- resident" programs) which each use memory, dropping available or
- usable memory to less than 448 K; if you cannot operate this
- program dump out of it (the time honored process pressing
- Control, Alternate and Delete at once to "warm" reboot) and at a
- system prompt type, exactly
-
- <chkdsk>
-
- Your machine should whirl and click and then announce something
- like this:
-
- 655360 bytes total memory
- 620000 bytes free
-
- if you have less that 448000 bytes of memory free, then you must
- read the manuals for your memory resident software and delete
- some of them so that you have at least 448000 free when you run
- this program. There are utilities that "manage" terminate and
- stay resident program advertised in your favorite computer
- magazine. If you would like an operating environment that manages
- memory and can make your computer stand on its head allowing
- multitasking among many other great things, get Desquview (tm)
- from Quarterdeck.(tm)
-
- The program will require about 2.0 megabytes of free storage.
- (The evaluation copy requires about 600 KB). There is no minimum
- requirement for graphics adapters or color. The program will
- happily run on a text-mono system; and it looks very great on a
- VGA system! Due to our design philosophy the program will run on
- a system with NO color and no graphics capability at all.
-
- A printer is recommended so that you can fully use the Home
- and Business Legal Guide. (You cannot print out legal documents
- without access to a printer.)
-
- SECTION 2
-
- USE OF THE PROGRAM
-
- STEP ONE (LOGICALLY) STARTING THE PROGRAM
-
- Section 2-1 QUICK START MANUAL
-
- A separate file on this disk contains a quick start manual for
- experienced applications users which gives all of the active keys
- for each program. A detailed manual follows.
-
- Section 2-2 DETAILED OPERATION INSTRUCTIONS
-
- For purposes of discussion we assume that you installed the
- software in a subdirectory called "legal." Well, installation
- wasn't that bad, was it? Welcome back. But the best part is just
- beginning-- our design goal was to allow you to be able to use
- this program with just brief instruction-- and you'll see that we
- met our goal. In fact, experienced applications users can use
- this program intuitively-- but be sure to read through this
- information to learn about all of the program's features.
-
- Section 2-3 START UP AND MAIN MENU
-
- In order to start the program, be sure that you have either have
- the computer in the legal subdirectory or that the program is on
- the current path. Now type <guide> (or <GUIDE or guIDe in MS-DOS,
- they are the same to the computer.) and press the Return <Return>
- key. The main menu offers a help screen.
-
- Section 2-4 MOUSE USERS
-
- Type <Mguide>, the <Return>. Clicking the left button sends a
- carriage return, the right button page down, both buttons, sends
- Escape. Moving the rodent up and down advances the cursor up and
- down. NOTE: We do not have a separate mouse cursor.
-
- Section 2-5 SELECTING FROM THE OPTIONS PROVIDED
-
- To select your choice, either use the cursor keys (up and down
- arrows) to highlight the choice you want, or, enter the letter
- corresponding to your choice, and then press <Return>.
- We will explain the operation of the statutes, and tutorials
-
- (mini-seminars), and document preparation separately.
-
- Section 2-6 THE SHELL GAME- OUR DOS "SHELL"
-
- Choice "S"- DOS Shell-- Our DOS "shell" is a utility program
- which allows you to perform tasks, while retaining the Home and
- Business Legal Encyclopedia in memory. For example, if you want
- to format a floppy disk, but do not want to exit the program,
- then choose the DOS Shell option, by either highlighting this
- option using the cursor keys (up and down arrows) or pressing <S>
- then press <RETURN>. You will then see a message indicating that
- your operating system has been loaded. For example,
-
- Microsoft (R) MS-DOS (R) Version 3.20
- (C) Copyright Microsoft Corp. 1981-1986
-
- you may then operate DOS commands. At all times, the Legal Guide
- remains in memory. To resume use of the program, type <EXIT> and
- then <Return> or <Enter> (On some machines the key is marked
- return, on others enter, and some have a left descending arrow.)
- This will return you to the opening screen.
-
- Section 2-7 STATUTES MENU
-
- The Home and Business Legal Guide contains the full text, with
- attorney's explanations of many important laws and governmental
- regulations. To choose this option from the main menu, press <B>
- and then <ENTER> (Return), or highlight this option by using the
- cursor keys- up and down arrows.
-
- Once you are reading the full text, you will occasionally
- see blocks of text marked with "/*" and closed with "*/." These
- are distinguishing placeholders to show comments as opposed to
- the full text of the law or regulation. Copyright stuff: We do
- not claim copyright on government material contained in the
- statutes menu. However we do claim copyright on all the rest of
- the program and on the comments within the statutes.
-
- ****************************************************************
-
- IMPORTANT NOTICE: YOU HAVE RECEIVED A PACKAGE CONTAINING THE MOST
- RECENT DATA. CHECK FOR UPDATES IF YOU HAVE COMMUNICATIONS
- CAPABILITY. EACH MONTH WE RELEASE ADDITIONAL FORMS AND
- INFORMATION. REMEMBER THAT LAWS CHANGE (OFTEN SUDDENLY AND
- WITHOUT NOTICE) AND BE SURE THAT YOU HAVE THE LATEST UPDATES.
-
- ****************************************************************
-
- Section 2-8 BROWSING THROUGH THE STATUTES
-
- You may read the statutes by pressing the page up, page down,
- cursor keys for up and down (up and down arrows.) The left and
- right cursor keys are special. The left arrow key returns you to
- the previous comment; the right arrow searches for the next
- comment.
-
- If you press the left arrow key and the text does not change,
- this means that you are seeing the first comment; if you press
- the right arrow key and the text does not change you are then
- viewing the last comment in the file.
-
- Section 2-9 LET'S TAKE NOTES
-
- USE OF THE "NOTE PAD"- JOT NOTES WHILE LEARNING ABOUT THE LAW
-
- If you want to take a note while reading the tutorial, put our
- memory resident note pad to work. From any point once you are
- reading the text of the tutorial type <F2> (Function key 2) and
- then a note pad will open on the bottom of the screen. This is a
- nice added feature so that you won't lose your place or have to
- go get a pad and paper if you find something interesting that you
- might want to take notes about. Since it is for jotting notes, we
- have made it very simple to use. Simply type in your note, using
- the backspace key to erase characters.
-
- NOTE PAD HELP
-
- To get help regarding the notepad utility, simply press <F1>,
- (function key one) while the note pad is open. The help screen is
- a good explanation of the note pad.
-
- PRINTING OUT YOUR NOTES
-
- To print out our notes, make sure that your printer is ready,
- power on, properly connected, with paper and ribbons, and then
- press <F3> (Function key 3). This will print out the notes you
- have taken.
- ERASING AND SAVING NOTES
-
- <F10> (Function key 10) erases everything on the note pad. You
- cannot recover notes once erased by using F10. To "toggle" back
- and forth between the note pad and the text of the tutorial,
- press <F2> (Function key 2). Your notes are saved automatically
- every time that you toggle back and forth between the note pad
- and the tutorial's main text.
-
- Section 2-10 SPECIAL STATUTE- DEFINITIONS
-
- This program contains a special "statute"- the on line legal
- phrase dictionary. Select this option to look up unfamiliar legal
- terms. Please let us know if you find other words we should
- define.
-
- Section 2- 11 EXITING THE STATUTES
-
- To leave a statute, you may press Escape (ESC) which will
- return you to the statutes menu. To return to the main menu,
- press <M>. To exit the program completely, press <X>, which will
- send you back to DOS and quit the program.
-
- Section 2-12 TUTORIAL (MINI-SEMINAR) MENU
-
- WHAT IS A TUTORIAL/ MINI-SEMINAR?
-
- The Home and Business Legal Guide contains mini-seminars
- called tutorials about the subjects that our research, your mail,
- and our radio program show are of the most interest to our users.
- To select this option, either highlight option C from the main
- menu, or, enter the letter <C>. Then press <ENTER> (Return.)
-
- NOTE THAT THERE IS MORE THAN ON SCREEN OF TUTORIALS. TO SEE ALL
- SELECTIONS PLEASE USE THE PAGE DOWN OR CURSOR KEYS TO REACH THE
- END.
-
- These "tutorials" or "mini-seminars" are a discussion of the
- rights and obligations that the law provides for each tutorial
- area. LET US KNOW ABOUT OTHER AREAS OF INTEREST AND WE'LL PREPARE
- SOMETHING ON THAT AREA IN THE FUTURE. You're the boss.
-
- ****************************************************************
- THE PACKAGE WHICH YOU HAVE RECEIVED CONTAINS THE TUTORIALS
- RELEASED TO THE DATA OF SHIPPING. ADDITIONAL TUTORIALS ARE
- CREATED MONTHLY, AND OLD TUTORIALS REVISED AS LAWS CHANGE. BE
- SURE TO CHECK FOR UPDATES. DO NOT RELY ON OUTDATED AND
- POTENTIALLY (DISASTROUSLY) OUTDATED INFORMATION
- ****************************************************************
-
- Section 2-13 SELECTING A TUTORIAL/MINI-SEMINAR
-
- Once you have determined which tutorial you might want to
- read or review, please highlight it by using the cursor keys (up
- and down arrows). Then press <Return>. You will then be able to
- see the text of a tutorial.
-
- You can read through the tutorial by using the cursor keys,
- page down, page up or the home or end keys. (Note that our clever
- programming methods- Good job Warren-- make going from one end to
- another virtually instantaneous.)
-
- Section 2-14 TAKING NOTES
-
- You may take notes as discussed in Section 2-9.
-
-
- Section 2-15 READING FULL TEXT OF LAWS OR REGULATIONS DISCUSSED-
- OPENING A SECOND WINDOW
-
- Let's get back to the tutorial. If you would like to read and
- review the full text of the laws discussed in a tutorial or mini-
- seminar, you can review this simultaneously with the tutorial by
- opening a second "window." To do so, press the letter <S>, and if
- there is full text available you will see a full text menu. This
- is where you can look up words in our dictionary. To select the
- full text (if more than one text is pertinent) use the cursor
- keys (up and down arrow) to highlight full, annotated text of
- the law or regulation in question. It will then appear on the
- screen; to toggle back and forth between the mini-seminar and the
- selected full annotated text, press <O>. You can still open a
- note pad if you have both the mini-seminar and the full text
- selected. Many mini-seminars have more than one full text
- selection. If you want to review a different full annotated text
- from that originally selected, return to the tutorial, and press
- <S>, which will reopen the full annotated text menu. Select the
- new full text by using the cursor (up and down arrow keys).
-
- Section 2-16 DEFINITIONS OF LEGAL TERMS
-
- If legal terms are used in the mini-seminar, they are also
- defined in the on line legal glossary. Simply press <S> and
- select this option for the on line legal phrase book- our mini
- legal dictionary. Press <O> to toggle back and forth between the
- dictionary and the text. To select help or full text, return to
- the tutorial text, press <S> and select the other full text.
-
- Section 2-17 EXITING THE TUTORIAL
-
- To stop reading, press Escape (ESC) to return to the tutorial
- menu, <M> to return to the main menu, or <X> to exit (quit) the
- program and to return to DOS. That was easy- wasn't it!
-
- Section 2-18 DRAFTING DOCUMENTS
- THE DOCUMENT GENERATOR
-
- We are very proud of our document generation program and hope
- that you will be as well. Through the use of this part of the
- program you will be able to draft custom legal papers that are
- legal and binding in all 50 states. These forms will accomplish
- their objectives of course, if you use a form that isn't right,
- or doesn't completely accomplish your goal, you'll have a legal
- and valid form that accomplishes something other than you
- desired.
-
- READ CAREFULLY
-
- ****************************************************************
-
- IT IS ESSENTIAL TO HAVE AN ATTORNEY REVIEW DOCUMENTS THAT YOU
- MIGHT PREPARE FROM TIME TO TIME; THE DOCUMENTS HEREIN ARE VALID
- IN THAT IF THEY ARE PROPERLY PREPARED THEY WILL BE EFFECTIVE TO
- CAUSE THE INTENDED RESULT. THIS MEANS HOWEVER, THAT A USE OF THE
- FORMS FOR AN INAPPROPRIATE PURPOSE WILL RESULT IN AN
- INAPPROPRIATE RESULT. WE IMPLORE YOU TO SEEK LEGAL COUNSEL IF THE
- FAILURE OF A LEGAL FORM TO ACCOMPLISH THE INTENDED PURPOSE WILL
- BE FINANCIAL LOSS. UNDER THE DISCLAIMERS OF WARRANTIES HEREIN,
- DAMAGES MAY NOT BE RECOVERED FOR THE MONETARY LOSSES AND OTHER
- DAMAGES, INCLUDING CONSEQUENTIAL DAMAGES SHOULD A FORM NOT MEET
- YOUR NEEDS. YOU'LL STILL SAVE TIME AND MONEY BY USING THE FORMS-
- JUST HAVE THEM REVIEWED. IN ADDITION BE SURE TO GET THE LATEST
- FORMS BY CHECKING IN FOR UPDATES.
-
- ****************************************************************
-
- In order to begin using the forms generator, from the main menu,
- please select option "D", prepare legal documents, by either
- entering <D> and then <Return>. Use the cursor keys (up and down
- arrows) to select which form you will prepare. NOTE THAT THERE IS
- MORE THAN ONE SCREEN OF CHOICES, either scroll to the end, or use
- "Page Down" (you may have to do this more than once) to see all
- selections.
-
- We very strongly suggest that you prepare the document at
- least TWICE, or perhaps a few times more than that. It only takes
- a brief period of time, and it is vital that the legal paper
- reflect all information 100% correctly.
-
- ****************************************************************
- LAWS CHANGE AND THIS MAY FORCE A CHANGE IN FORMS TO MAKE THEM
- COMPLY WITH LEGAL REQUIREMENTS. PLEASE BE SURE TO CHECK FOR
- UPDATES. WHAT YOU HAVE RECEIVED CONTAINS THE FORMS TO THE DATE OF
- SHIPPING AND IS SUPPLEMENTED AND UPDATED REGULARLY.
- ****************************************************************
-
- Once "inside" a document you will have the opportunity to
- enter information, and "custom build" your form.
-
- SECTION 2-19 BUILDING DOCUMENTS: SCREENS
-
- You will then see two types of form building screens- a multiple
- choice box and a fill in the blank box.
-
- SECTION 2-20 FILL IN THE BLANK SCREENS
-
- First the fill in the blank box:
-
- Enter, exactly as you wish to see it, the information requested.
- Be careful to put it in the format requested- if the fill in the
- blank box asks for the information in numerals, use numerals. If
- it asks for information in numbers, enter numbers. Once you have
- finished filling in the blanks, then hit return. You can "edit" a
- line prior to entering "return" by using the backspace key. If
- you have made a horrible goof and want to start from scratch, use
- the tab forward key to highlight the "cancel" choice on the
- bottom of the dialog box, and press return. On occasion the space
- which is provided is too small. In that case, simply enter in the
- fill in the blank box "See exhibit 1 (etc.) and use a separate
- sheet to continue. The document will then be canceled.
-
- SECTION 2-21 MULTIPLE CHOICE SCREENS
-
- You will also see multiple choice boxes. Use the up arrow
- and down arrow (cursor keys) to place the "bullet" in the choice
- that you would like, and press <Return>.
-
- SECTION 2-22 FINISHING DOCUMENTS- NAMING DOCUMENTS
-
- Once finished with a document, press <ESC> (Escape key) and
- then fill in the name of the document. Ms-dos limits you to eight
- characters and an extension on a file, for example- "guide.exe."
- We don't-- your document can be named using up to 72 characters,
- including blanks-- Thus, a note from Joe to Fred for $ 1.00 done
- on 1/1/90 can be named:
-
- Note from Joe to Fred- value $ 1.00 dated 1/1/90
-
- Use a completely descriptive name so you will know exactly what
- the document is.
-
- SECTION 2-23 PRINTING DOCUMENTS
-
- To print out a document, after completing your answers, and
- seeing the document, press <P>, and a dialog box will ask you
- use the cursor key to say "yes" or "no." Before saying yes be
- sure that the printer is connected to the computer, turned on,
- has ribbons and paper. You may use a printer of your choice from
- daisy wheel, a dot matrix to a laser; just be sure that it is in
- "COM1." Call us if you have a problem. We have tested and tested
- the program for compatibility with many printers, and have had no
- problems. But there's always a first time. Incidentally, the
- printer will do a form feed prior to printing!
-
- The specific forms and the information required to complete them
- are discussed in section 3.
-
- SECTION 2-24 REVIEWING DOCUMENTS
-
- To print out a document which you previously saved, go to
- the main menu and either use the cursor key or enter the letter
- <E> and then press <Return>. The documents, with titles that you
- you have chosen will appear on screen. To see one, highlight that
- document and press <Return.> To print, press <P>, check that you
- are ready and then print away. To delete a document, once you are
- inside the document hold down the <Alt> key and while holding
- press the letter <D> This will permanently erase a document, and
- in most cases even an undelete program will not save you! Be sure
- that you intend to do so before zapping a document to never-never
- land!
- SECTION 3
-
- FORMS- INFORMATION REQUIRED
-
- SECTION 3-1 FORMS IN GENERAL
-
- In this section of the manual, we'll explain what information is
- needed to prepare each form, and will outline for what purposes
- the form is useful.
-
- Lawyers are frequently asked to draft a "note", a "deed" or a
- "lease." Unfortunately it's the wrong question to ask! There is
- no such thing as a --fill in the blank--. Nor is there a
- "standard" whatever it is.
-
- Why? Each form inevitably has to make compromises and favor the
- interest of one side or the other. INEVITABLY.
-
- Here's one example. If a creditor (the person owed the money)
- wants "a note" drafted, then an attorney will provide:
-
- for interest; for interest after default to be at the highest
- legal rate; for attorney's fees to be paid if the note is
- collected by an attorney; no grace period; etc.
-
- such "a note" is a legal, valid instrument. On the other hand if
- asked to draft "a note" for the debtor the note will:
-
- have a grace period; not provide for attorney's fees, extra
- interest after default etc.
-
- Yet each form is a perfectly valid "note."
-
- The problem with forms purchased at a store is the famous problem
- of "one size fits all" brain surgery. You'll get a note all
- right- but is it a note that makes SENSE for your side of the
- deal?
-
- In the Home and Business Legal Guide and Forms Generator we
- provide a large library of forms for use. Before you draft any
- form, please read and consider the directions on each form.
-
- Our directions tell you what information that you'll need to
- complete each form, what you should have read in the package
- before beginning and who the form favors. ULTIMATELY WE WILL HAVE
- AT LEAST TWO VERSIONS OF EACH FORM, one favoring each side of the
- transaction. At this time, we have generally tried to make a form
- that is the best compromise that gets each side the bulk of what
- it needs and conforms to actual practice.
-
- Is it fair that forms inevitably favor one side or the other?
- That is a very good point. Go to a bank and you will certainly
- get to sign a form that favors the bank at almost every turn. In
- our justice system we have an "adversarial" system. We hope that
- through this system that each side watches out for itself and
- justice is served. Often not. Since this is the system that we
- have, this Legal Guide stays within the system, but recognizes
- its flaws. Is it right to use a form that favors your side of the
- deal? In this society as a whole, right or wrong, it is
- considered to be acceptable.
-
- By the way, it is inevitable that in a package such as this that
- the forms contain some of my judgment as to what should appear in
- each deal. Some persons reviewing the same may not agree. That's
- to be expected.
-
- SECTION 3-2 GENERAL FORMS
-
- The copy of the program which you are using is an evaluation
- copy. Therefore, complete information on all of the forms is
- contained in the registered manual. The forms in the evaluation
- copy are described in detail below:
-
- SECTION 3-3 BILL OF SALE FOR USED GOODS
-
- This form is used to as a combination receipt and bill of sale.
- It is intended solely for a deal in which a CONSUMER sells
- something that they own to another person. This form was prepared
- because small claims courts are populated with cases in which
- someone who has bought a used boat motor, or whatever, sues the
- seller claiming that the product failed to work, etc. However,
- the law in most states is that there IS NO WARRANTY when a
- person who is not a dealer in that type of goods sells them. This
- form can be characterized as favoring the seller, since it's
- effect should be to limit the possibility of suits because "he
- said it worked......."
-
- Information needed:
-
- Name of the seller; name of the buyer; description of the goods
- sold- here be sure to call it a "used" whatever;
-
- The form provides the following choices as to the payment of the
- sales price: cash, or part cash and assumption of liens. For
- example, if there is a lien on a stereo you are selling, then the
- sales price is for cash of whatever and the buyer agreeing to pay
- the lien. In this case have the name of the lienholder and the
- amount of the liens handy.
-
- If you are financing a purchase of something don't use this form.
- Instead, use the security agreement form.
-
- SECTION 3-4 GUARANTEE FORMS
-
- A guarantee is an agreement by one party to pay the debt, or to
- take care of the obligations of another party. This is frequently
- used with corporations. Most corporations are very thinly
- capitalized, and thus for obligations of any size, savvy
- creditors demand that the owners guarantee the debt.
-
- Under a law known as the Statute of Frauds, the promise to pay
- the debt of another must be in WRITING TO be valid. DON'T FORGET
- THIS!!
-
- Therefore, we have a personal guarantee. This document actually
- produces THREE different kinds of guarantees. The first is an
- unconditional, blanket guarantee. This means that the guarantor
- (person agreeing to make good another's obligations) agrees that
- whatever debts and obligations are due from the primary debt, in
- whatever amount will be their responsibility. This is the most
- dangerous kind of guarantee to sign for the guarantor, but the
- most favorable to the creditor.
-
- The second is a guarantee agreement for a specific obligation. In
- other words, in this agreement the guarantor is agreeing to pay
- whatever comes out of one specific deal.
-
- The third is a guarantee that covers all obligations, but, is
- limited to a total specified sum. Thus, the guarantor agrees to
- pay a certain sum, if the balance is that or lower and the
- primary debtor doesn't pay. As we stated in the initial portion
- of this section of the manual, forms are slanted to one end of
- the deal or another. In this case the guarantee language is
- fairly standard; which type of guarantee selected is the factor
- which determines the party favored.
-
- The following information is needed to complete the form; of
- course, you must choose which one of the guarantees represents
- your agreement.
-
- SECTION 3-5 SECURITY AGREEMENT
-
- This form is called many different things by different folks.
- Some refer to it as a "conditional sale" in which the condition
- is you get to keep the property if you pay a debt that you agreed
- to pay to acquire the property. Sometimes it is called a "Chattel
- Mortgage"; in some cases it is known as "Lease." All of these
- instruments are really security agreements. In simple words a
- security agreement is a LIEN on property.
-
- LIMITATIONS: Security agreements are used for tangible assets,
- contract rights and intangibles. They are NOT appropriate for
- securities, cash or real estate. With securities a pledge and
- physical possession of the securities is appropriate. With cash,
- physical possession is required and with real estate mortgages
- are required (trust deeds in some states.) SPECIAL WARNING:
- Unless you have physical possession of the collateral certain
- filings are required to perfect the lien. If you don't file, your
- lien will be invalid against other creditors.
-
- This selection on the menu prepares three different types of
- security agreements. The first is a standard security agreement
- in which a party puts up his property for a loan or for a
- purchase. In this form, the debtor agrees to make good any
- deficiency (that is if the property is repossessed and does not
- bring enough in to pay off the debt, they're on the hook for the
- difference.) There are some further variations: whether the
- security is provided for a single debt or for all debts (this
- latter set is called a cross collateralization clause.)
-
- In addition, this selection on the menu can produce a
- hypothecation. (See on line dictionary for explanation).
-
- The following information is required:
-
- names of each party; a specific explantion of the property
- secured, either general or specific-- thus you can have a lien on
- a specific fork-lift, or on the accounts receivable of a
- business;
-
- if the security agreement secures a specific debt, the date of
- the debt and the original principal amount;
-
- if the security agreement is a hypothecation, then the person for
- whom the debt is secured must be identified, together with that
- debt-- the date of the debt and the original amount;
-
- in all security agreements-- are there other liens on the
- property? (first lien vs. junior lien) and if so, the amount of
- the liens and the identify of the creditor;
-
- will this security agreement secure all other debts between the
- parties?
-
- REAL ESTATE FORMS
-
- SECTION 3-6 OFFER TO PURCHASE REAL ESTATE
-
- This is a very complicated form. Anyone who has been in the real
- estate business for any period of time will recommend that all
- parties in real estate deals, whatever size, have legal counsel.
- So do we.
-
- The real estate offer form is used by a buyer (and real estate
- agent) to make an offer to an owner. Here we go with the needed
- information:
-
- Seller's name, address; gross purchase price; legal description
- of the property; expiration date of the offer.
-
- Will the purchase price be paid: in cash, with terms;
-
- If mortgages are to be assumed: the amounts and mortgage holders;
-
- If the seller is to grant a new mortgage as part of the purchase
- price: the principal amount, rate of interest and payment terms;
-
- If the buyer will need to obtain a new mortgage, the amounts, the
- term of the mortgage in months, the maximum allowable rate of
- interest on the new mortgage, the maximum number of points to be
- paid by the buyer, the maximum application fee to be paid by the
- buyer;
-
- If there are buildings on the property;
-
- The number of days between acceptance and closing (minimum and
- maximum), number of days to provide title insurance by the owner;
-
- Closing costs to be paid by each party;
- if the parties used a realtor, the name of the realtor.
-
- This form conforms to practice in most of the east coast of the
- United States. The form does not provide for opening of an escrow
- (a form for this is provided in the registered copy). The form is
- a close to neutral a framework as possible. Where the form favors
- on side or the other is in the fill in the blank parts.
-
- SECTION 3-7 REAL ESTATE BROKERAGE EXCLUSIVE LISTING
-
- This form is for the EXCLUSIVE listing of real estate with a
- brokerage. The form should be considered as leaning towards the
- owner, although this is again an example of a form that is not
- wildly favorable to one side or other.
-
- Information required:
-
- The name of the owner of the property; the broker; the legal
- description of the property; the number of days of the listing;
- the minimum sales price; the financing that the owner will
- provide; the amount of the commission; the right of the broker to
- place a sign on the property
-
- LIVING WILL FORMS:
-
- SECTION 3-8 IDAHO LIVING WILL FORM
-
- Before preparing this form, be sure to review the Idaho Living
- Will Summary from the tutorials menu. The following information
- is required:
-
- the name of the declarant; the terminal condition of the patient;
- the treating physician's name, address and telephone number; and
- the county where executed
-
-
- SECTION 4
- CUSTOMER SATISFACTION
-
- Section 4-1: REGISTRATION
-
- The copy of the program which you have is an evaluation copy. For
- information on the shareware concept, please review the "read.me"
- file. All functions in the evaluation version operate exactly as
- in the registered version- this is not crippleware. However, our
- registered version has grown to about 2 megabytes, and even
- archived would take about 1.1 million bytes. This amount is not
- feasible to download from BBS systems. Therefore, we have
- prepared a separate evaluation version of this package. It
- contains the same exact executable files, but to get it to about
- 250 KB archived, we limited the data, and excluded manual
- references related to the material that was skipped. Please
- review the "Read.me" file to insure that you have seen the list
- of forms, tutorials and statutes that are in the presented
- registered version.
-
- Registration is $ 39 for one year and $ 15 for each additional
- year. Registered users receive:
-
- Full program and data
- Full manual
- Access to private 24 hour BBS system for updates and technical
- support- connect time of 1 hour daily
- Telephone support (Available from 8 a.m. to 4:30 p.m. weekdays-
- limited to one hour in first month, and one hour for the
- remainder of the year)
- Monthly data updates (via bbs; mailed semi-annually to those
- without modems)
- Mail support
- Any upgrades to the program during the registration period
-
- Section 4-2 Philosophy
-
- Each one of our users is our "boss." Your satisfaction is our
- only concern. Despite our release of this software as "shareware"
- you will find that we do this for a living and are just like any
- other commercial software house, although we like to think that
- our product is the best legal forms generator and we KNOW that it
- is the first to provide full text and tutorials in the quantity
- and quality we have. We have several commercial products in
- distribution. Ie.- this is not a hobby and we are not coding in
- our garage. Thus you will find that we have VERY knowledgeable
- support people available at all times. In fact, it is usually one
- of the developers that is manning the support desk.
-
- In addition, please feel free to suggest topics for tutorials,
- the text of laws that you would like to see annotated and new
- forms that you need. We'll bust our butts to do it quickly.
-
- If there is anything we can do to help (besides shooting
- ourselves) please reach us via BBS or write:
-
- About the product--- Herb Kraft & David Byron
-
- About technical aspects of the program--- Warren Clary & David
- Byron
-
- at: P.O. Box 37155
- Tallahassee, Florida 32315
-
- or via BBS,
-
- and we'll leave you a message or write back.
-
- PLEASE NOTE: Our technical staff will help you with questions
- about how to use the program. They will not and cannot answer
- legal questions. UNDER THE LAW ONLY ATTORNEYS CAN GIVE LEGAL
- ADVICE, and we cannot give out specific legal help. To find an
- attorney, call your local bar association and find out if they
- have a bar referral service.
-
- Section 4-3 UPDATES- PRIVATE BULLETIN BOARD SERVICE
-
- The product which you have received is constantly being
- expanded by adding new forms, tutorials and statutes. In
- addition, laws change on a regular basis. We follow legislative
- changes and updates. It is always true that a law book is
- obsolete as soon as it is released. And this computer program is
- no exception. The present shipping version is only 25% of the
- data that you will receive! We have several MEGABYTES more to go!
-
- YOUR REGISTRATION FEE INCLUDES ONE YEAR WORTH OF UPDATES- WHETHER
- TO THE "EXECUTABLE" PROGRAM OR DATA. BEFORE THE END OF YOUR
- YEAR'S SERVICE, WE'LL CONTACT YOU TO SEE IF YOU WANT MORE
- UPDATES! (THE CHARGE FOR MORE UPDATES IS JUST $ 15.00 FOR
- ADDITIONAL YEARS!)
-
- Therefore, we have a private bulletin board service. For
- those of you who have modems, we assume that you are already
- familiar with bulletin boards and the wonderful interchanges of
- messages, data and programs that take place in user group,
- commercial and government bulletin boards. Once you register we
- will provide you with the BBS number and information on use. By
- calling the bulletin board monthly you'll be able to get updates
- both to information and to the executable programs. Updates are
- posted once a month on the last Sunday of the month. For those of
- you without modems and communications software-- boo hiss. You're
- not taking advantage of the full potential of your computer
- without communications capability! However, for any of you
- without them, we will mail the updates at half-yearly intervals.
- We cannot recommend too highly that you get communications
- capability! Besides your local computer store, a great place to
- buy modems and software to run them is Computer Shopper, which
- you can buy at virtually every grocery store or newsstand in the
- United States. We have no financial interest in any
- communications software house, but, the developers of this
- program use Telix (Shareware). A few other tips-- try to get at
- least 2400 byte transmission speed, and Hayes compatibility (or
- Hayes product itself) are the standard in the industry. If you do
- decide to hook up with the world, by all means buy an issue of
- Computer Shopper and look through the bulletin board section for
- information on bulletin boards near you.
-
- SECTION 4-4 CUSTOM PREPARED FORMS
-
- If you look at our forms library and don't find a form that
- precisely fits your needs, we offer a custom form preparation
- service for our registered users. For an additional fee ranging
- from $ 25.00 (minimum) to $ 100.00 (maximum) per form we will
- provide you EXCLUSIVELY with a custom prepared program to
- generate the form that you need.
-
- This service includes:
-
- a) telephone interview with Herb Kraft, the attorney who prepared
- the legal portion of this program;
-
- b) legal research as needed;
-
- c) preparation of an exclusive custom form that precisely fits your
- needs;
-
- d) support for the new form.
-
- To be sure that there are no misunderstandings:
-
- 1. Users are NOT charged if they suggest a general type of form
- to be added to the program, and we welcome such suggestions;
-
- 2. Registered users requiring a form specifically for their
- business needs which is exclusive to them and custom prepared,
- may obtain a firm price quote by calling customer support. The
- fee for a custom form is in addition to the registration fee.
-
- SECTION 5
-
- THE RADIO LAW FIRM (tm)
-
- Herb Kraft, the co-developer of the program is an attorney
- and the host of the Radio Law Firm, a four hour weekly legal
- advice program, heard now over 70 stations nationwide (and
- growing) as well as on satellite, every Sunday from 1 p.m. to 5
- p.m., Eastern time.
-
- Here's how to get the program on home satellite:
-
- Sun:
-
- Satcom 3, Channel 17, frequency 1.05 FM Squared, 15 khz
-
- Satcom F 1 R Channel 4, Frequency 5.445 TVRO
-
- Satcom 3, Channel 17, 6.5 audio TVRO
-
- Feel free to call in the Radio Law Firm. Here is a list of some
- of the cities carrying the Radio Law Firm:
-
- Chicago, San Francisco, Boston, Houston, Hartford, (Key West)
- Miami, Tampa- St. Petersburg, St Louis, Daytona Beach/Orlando,
- Milwaukee, Charlotte, Raleigh, Blackwell- Oklahoma City, Memphis,
- Ogden-Salt Lake City, Norfolk, Harrisburg- York, Greensboro,
- Wichita, Albany-Schnectady-Troy, New York, Tulsa, Oak Ridge
- Tennessee- Knoxville, Mobile, Sanford, Maine, Paducah, Kentucky
- (Metropolis, Ill.), Springfield, MO, Clinton- Quad Cities,
- Chattonoga, Natchez-Jackson, Miss., Bristol, VA, Fort Myers, Fl.,
- Montgomery, AL, Amarillo, Texas, Macon, GA, Cadillac, Mich.,
- Columbus, Miss., Boise, Redding, Calif., Bluefield, WV, Bagor,
- Maine, Hattiesburg, Miss., De Funiak Springs, Fl. (Panama City),
- Lake Charles, La., Las Vegas, Tallahassee, Buffalo
-
- (Some stations only carry some hours.) We know that you'll like
- the pro-consumer, "no-nonsense" approach to law on the Radio Law
- Firm.
-
- And speaking of computers, co- developers Herb Kraft and David
- Byron host the "Data-Zone" and have great guests from the
- computer industry on weekly, Saturday's 4 p.m. to 6 p.m., Eastern
- time. Previous guests have included Gary Saxer (Quarterdeck);
- Paul Mace; Jim Button and other luminaries. Hope you'll listen
- in.
-
- SECTION 6
- WHO WE ARE
-
- The staff that prepared this program consist of:
-
- Herbert Kraft (Herb), Attorney at law admitted to practice in
- Florida; Developer and author of legal material, comments and
- documents, Chief Developer (It's all my fault-- honest)
-
- David Byron, Co-Developer; Warren Clary, P.E., Software engineer
- and co-developer, Warren is the author of the computer program
- itself (and did a tremendous job!)
-
- Susan Munroe, Executive Legal Secretary, who suffered through a
- lot of the typing that you see
-
- Alice Brown, Executive Secretary,
-
- SECTION 7
- LEGALESE
-
- Section 7-1 LIMITATION OF WARRANTY
-
- ***EXCEPT FOR THE CUSTOMER SERVICE POLICY THERE ARE NO
- WARRANTIES EXPRESS OR IMPLIED, AND THE SELLERS AND MANUFACTURER
- SHALL NOT BE LIABLE FOR CONSEQUENTIAL DAMAGES. THE SOLE REMEDY
- SHALL BE LIMITED TO THE REFUND OF PURCHASE PRICE. THE FORMS
- HEREIN ARE NOT INTENDED TO BE USED UNLESS THE SAME ARE REVIEWED
- BY AN ADVISOR OR ATTORNEY, AND THE SELLERS AND MANUFACTURERS OF
- THIS PROGRAM SHALL NOT BE LIABLE FOR DAMAGES RESULTING FROM THE
- FAILURE OF A FORM TO ACCOMPLISH THE GOALS OF THE USER.***
-
- TRADEMARKS
-
- IBM PC, PS/2, AT, XT, and PC-DOS are trademarks of IBM. MS-
- DOS and OS/2 are a trademark of Microsoft. DR-DOS is a trademark
- of Digital Research. R FRINGE is a trademark of R FRINGE
- SOFTWARE, INC., THE HOME AND BUSINESS LEGAL GUIDE AND FORMS
- GENERATOR is a trademark of R FRINGE COMPUTER SOFTWARE, INC.
- Desqview is a trademark of Quarterdeck, Sun Radio Network a
- trademark of KSBN, Inc.
-
- SECTION 8
- INDEX
-
- The index refers to section numbers, not page numbers.
-
- Section Topic
-
- 1-1 System Requirements
- 2-1 Reference to Quickstart manual
- 2-2 Detailed operating instructions begin
- 2-3 Start up and mainmenu- keyboard users
- 2-4 Start up- mouse users
- 2-5 Selecting menu options
- 2-6 DOS SHELL
- 2-7 STATUTES MENU
- 2-8 Browsing through statutes
- 2-9 Note pad (on line)
- 2-10 On line definitions
- 2-11 Exiting statutes
- 2-12 TUTORIALS MENU
- 2-13 Selecting a tutorial
- 2-14 Taking notes (cross references to 2-9)
- 2-15 Opening a second menu
- 2-16 On line definitions
- 2-17 Exiting tutorials
- 2-18 DRAFTING DOCUMENTS (USING THE DOCUMENT GENERATOR)
- 2-19 Building documents, types of screens
- 2-20 Fill in the blank screens
- 2-21 Multiple choice screens
- 2-22 Finishing documents- naming documents
- 2-23 Printing documents
- 2-24 REVIEWING DOCUMENTS
- 3-1 INFORMATION REQUIRED TO CREATE DOCUMENTS
- 3-2 General Forms
- 3-3 Bill of Sale for Used Goods
- 3-4 Guarantee of debts and obligations
- 3-5 Security Agreement
- 3-6 Offer to purchase real estate
- 3-7 Real Estate Brokerage form, exclusive listing
- 3-8 Idaho Living Wills Forms
- 4-1 CUSTOMER SATISFACTION- Shareware registration
- 4-2 Company philosophy on service
- 4-3 Updates- private BBS
- 4-4 Customization of legal forms; special service
- 5-1 About the Radio Law Firm
- 6-1 About our staff
- 7-1 Warranty disclaimer and legaese
- 8-1 Index