Can I waive my contract's “good faith and fair dealing” clause?

Mar 14, 2018

A Brief Introduction

Welcome to KLA Signing Service, your trusted source of information in the Business and Consumer Services - Real Estate industry. In this comprehensive guide, we will provide you with valuable insights regarding the “good faith and fair dealing” clause in contracts, and whether it can be waived.

Understanding the “Good Faith and Fair Dealing” Clause

The “good faith and fair dealing” clause is a fundamental aspect of contract law that requires all parties involved to act in good faith and deal fairly with each other. It serves as a safeguard to ensure that both parties uphold their responsibilities and treat each other fairly throughout the contractual relationship.

However, there might be certain situations where you may wonder if you can waive this clause and what implications it may have. Let's explore this topic further.

Is It Possible to Waive the “Good Faith and Fair Dealing” Clause?

The answer to this question can vary depending on the jurisdiction and the specific circumstances of the contract. In many legal systems, the “good faith and fair dealing” principle is considered to be an implied covenant that cannot be completely waived, as it is an essential component of contract law.

However, it's important to consult with a qualified legal professional to understand the specific laws and regulations applicable to your situation. They can provide you with accurate advice based on your contract, jurisdiction, and any other relevant factors.

Implications of Waiving the Clause

If it is possible to waive the “good faith and fair dealing” clause, it's crucial to understand the potential implications before making any decisions. By waiving this clause, both parties agree not to hold each other accountable for any actions or behavior that might be considered in violation of good faith or fair dealing standards.

Here are a few things to consider if you are thinking about waiving this clause:

  • Increased risk: Waiving the clause means that there is no longer a legal obligation to act in good faith and deal fairly. This can increase the risk of one party taking advantage of the other.
  • Loss of protection: By waiving the clause, you might lose the legal protection it provides in case of disputes or breaches of contract.
  • Potential legal consequences: Despite waiving the clause, there may still be legal consequences if a party engages in dishonest or fraudulent behavior.
  • Impact on reputation: Waiving the clause might have an impact on your reputation as a business or individual, as it signifies a willingness to disregard ethical and fair business practices.

Seeking Legal Advice

Given the complexities surrounding contract law and the implications of waiving the “good faith and fair dealing” clause, it is strongly recommended to seek professional legal advice before making any decisions. A qualified attorney can assess your specific situation, clarify the applicable laws, and guide you through the best course of action.

KLA Signing Service is dedicated to providing reliable information in the Business and Consumer Services - Real Estate industry. However, it's important to understand that the content on this page is for informational purposes only and does not substitute professional legal advice.


In conclusion, whether you can waive the “good faith and fair dealing” clause in your contract depends on various factors, including jurisdiction and the specific terms of the agreement. It's crucial to consult with a legal professional who can provide you with accurate guidance based on your unique circumstances. Remember, making informed decisions is vital to protect your interests and maintain ethical business practices.

For further information or assistance, please don't hesitate to reach out to KLA Signing Service. We are here to support you in navigating the complexities of contract law and the Real Estate industry.

Gary Budzinski
Very informative! ✨
Nov 9, 2023
Great read! 👍
Oct 14, 2023
This article provides a helpful explanation on whether the "good faith and fair dealing" clause in contracts can be waived. Great insights!
Oct 5, 2023