Ask a lawyer:
Write a Real Estate Hold Harmless Agreement for a real estate agent
Hold Harmless Agreement for a Real Estate Agent
Table of Contents
Introduction
Definitions
Hold Harmless Agreement
Indemnification
Limitation of Liability
Governing Law and Dispute Resolution
Entire Agreement
Severability
Notices
Waiver
Binding Effect
Conclusion
Introduction
This Hold Harmless Agreement ("Agreement") is made and entered into as of [Date] by and between [Name of Real Estate Agent], a [State] [Entity Type], with a principal place of business at [Address] ("Agent"), and [Name of Client], residing at [Address] ("Client").
Definitions
For purposes of this Agreement, the following terms shall have the meanings set forth below:
"Agent" means [Name of Real Estate Agent], as defined above.
"Client" means [Name of Client], as defined above.
"Property" means the real property located at [Address] that is the subject of this Agreement.
"Transaction" means the purchase, sale, lease, or other transfer of the Property.
Hold Harmless Agreement
The Client hereby agrees to hold harmless, indemnify, and defend the Agent, its officers, directors, employees, agents, and representatives (collectively, the "Agent Parties") from and against any and all claims, demands, losses, liabilities, costs, and expenses (including reasonable attorneys' fees) arising out of or relating to:
Any act or omission of the Client in connection with the Transaction.
Any breach of this Agreement by the Client.
Any claim or demand made by any third party arising out of or relating to the Transaction.
Indemnification
The Client agrees to indemnify and hold harmless the Agent Parties from and against any and all claims, demands, losses, liabilities, costs, and expenses (including reasonable attorneys' fees) arising out of or relating to:
Any act or omission of the Client in connection with the Transaction.
Any breach of this Agreement by the Client.
Any claim or demand made by any third party arising out of or relating to the Transaction.
Limitation of Liability
The Agent shall not be liable for any damages, losses, or expenses arising out of or relating to the Transaction, including but not limited to:
Any loss of profits.
Any loss of use.
Any loss of data.
Any indirect, incidental, consequential, or punitive damages.
Governing Law and Dispute Resolution
This Agreement shall be governed by and construed in accordance with the laws of the Republic of Kenya. Any dispute arising out of or relating to this Agreement shall be settled by binding arbitration in accordance with the Arbitration Act, 1995.
Entire Agreement
This Agreement constitutes the entire agreement between the parties with respect to the subject matter hereof and supersedes all prior or contemporaneous communications, representations, or agreements, whether oral or written.
Severability
If any provision of this Agreement is held to be invalid or unenforceable, such provision shall be struck and the remaining provisions shall remain in full force and effect.
Notices
All notices and other communications hereunder shall be in writing and shall be deemed to have been duly given when delivered personally, sent by certified or registered mail, return receipt requested, or sent by overnight courier service, addressed as follows:
If to Agent: [Name of Real Estate Agent] [Address]
If to Client: [Name of Client] [Address]
Waiver
No waiver of any breach of this Agreement shall be deemed a waiver of any subsequent breach.
Binding Effect
This Agreement shall be binding upon and inure to the benefit of the parties hereto and their respective successors and permitted assigns.
Conclusion
IN WITNESS WHEREOF, the parties have executed this Agreement as of the date first written above.
[Signature of Agent]
[Name of Agent]
[Signature of Client]
[Name of Client]
[Date]
[Date]
Please note: This is a sample Hold Harmless Agreement and may not be suitable for all situations. It is recommended that you consult with an attorney to ensure that this Agreement is appropriate for your specific needs.
Answered by mwakili.com