Rental Company - Property Management Agreement - Property Manager not responsible for ...? Hello,
I'm considering hiring a property manager. However the agreement, it uses the following:
"PM will not be liable or responsible in any manner whatsoever for any acts or omissions"
also, mentioned in another section of his proposed contract:
"The owner agrees to indemnify and save you a PM (PM) any loss or damage to property or its contents occurring during the term of this Agreement caused by you (PM) or any other person by any means including theft, fire, vandalism or other than your (PM) gross negligence or willful act of negligence ".
Is the above reasonable? Would you sign it, assuming all else looks good - their reputation, experience etc?
THANKS,
Neil
I do not want.
I agree it's not fair to hold them responsible for acts of God, theft or vandalism because they are covered by property insurance and no power over. However, their addition to the language "willful" or "negligence" are legal terms they have defined for you, and it is reasonable to believe that when hiring a property management company for manage your property during your absence will provide the services you expect ... define what these services are in a contract that protects both parties, rather than accept their contract (written by their own lawyers and generally protects their interests).
It is just good business to never sign a contract not fully and clearly define terms and expectations of both parties refusing to vague language.
If they are as sound a business as surveys suggest, they should have no problem with amending their contracts with the appropriate language and terms that protect both you and not just themselves.
Posted on August 28, 2010.