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Real Estate Hold Harmless Agreement

This Real Estate Hold Harmless Agreement ("Agreement") is made and entered into as of [Date], by and between [Real Estate Agent Name], residing at [Real Estate Agent Address] ("Agent"), and [Client Name], residing at [Client Address] ("Client").

1. Introduction

This Agreement is intended to protect the Agent from any liability arising from the Client's use of the Agent's services in connection with the purchase, sale, or lease of real estate.

2. Services

The Agent agrees to provide the Client with real estate services, including but not limited to:

  • Property Search: Assisting the Client in finding suitable properties that meet their specific requirements.

  • Negotiations: Representing the Client in negotiations with sellers, buyers, or landlords.

  • Documentation: Preparing and reviewing real estate contracts and other relevant documents.

  • Market Analysis: Providing the Client with information about the real estate market and property values.

3. Hold Harmless

The Client agrees to hold harmless, indemnify, and defend the Agent, its officers, directors, employees, agents, and representatives from and against any and all claims, demands, losses, liabilities, costs, and expenses (including reasonable attorneys' fees) arising out of or relating to:

  • The Client's use of the Agent's services.

  • The Client's actions or omissions in connection with the purchase, sale, or lease of real estate.

  • Any breach of this Agreement by the Client.

4. Disclaimer of Warranties

The Agent makes no warranties, express or implied, with respect to the services provided under this Agreement. The Agent specifically disclaims any warranties of merchantability, fitness for a particular purpose, or non-infringement.

5. Limitation of Liability

The Agent's liability to the Client under this Agreement shall be limited to the amount of fees paid by the Client to the Agent. The Agent shall not be liable for any indirect, incidental, consequential, or punitive damages, even if the Agent has been advised of the possibility of such damages.

6. Governing Law

This Agreement shall be governed by and construed in accordance with the laws of the Republic of Kenya.

7. Dispute Resolution

Any dispute arising out of or relating to this Agreement shall be settled by binding arbitration in accordance with the Arbitration Act, 1995. The arbitration shall be held in Nairobi, Kenya.

8. 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.

9. Severability

If any provision of this Agreement is held to be invalid or unenforceable, such provision shall be struck from this Agreement and the remaining provisions shall remain in full force and effect.

10. 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 mail, return receipt requested, or sent by overnight courier service, addressed as follows:

If to the Agent:

[Real Estate Agent Name] [Real Estate Agent Address]

If to the Client:

[Client Name] [Client Address]

11. Waiver

No waiver of any breach of this Agreement shall be deemed a waiver of any subsequent breach.

12. Binding Effect

This Agreement shall be binding upon and inure to the benefit of the parties hereto and their respective successors and permitted assigns.

13. Counterparts

This Agreement may be executed in one or more counterparts, each of which shall be deemed an original, but all of which together shall constitute one and the same instrument.

IN WITNESS WHEREOF, the parties have executed this Agreement as of the date first written above.

[Real Estate Agent Signature]

[Real Estate Agent Name]

[Client Signature]

[Client Name]

Table of Contents

  1. Introduction

  2. Services

  3. Hold Harmless

  4. Disclaimer of Warranties

  5. Limitation of Liability

  6. Governing Law

  7. Dispute Resolution

  8. Entire Agreement

  9. Severability

  10. Notices

  11. Waiver

  12. Binding Effect

  13. Counterparts

TLDR

This Real Estate Hold Harmless Agreement protects the real estate agent from any liability arising from the client's use of the agent's services. The client agrees to hold the agent harmless for any claims, demands, losses, liabilities, costs, and expenses arising from their actions or omissions in connection with the purchase, sale, or lease of real estate.

Sources

  • Arbitration Act, 1995


Sample Real Estate Hold Harmless Agreement

Real Estate Hold Harmless Agreement

This Real Estate Hold Harmless Agreement ("Agreement") is made and entered into as of [Date], by and between [Real Estate Agent Name], residing at [Real Estate Agent Address] ("Agent"), and [Client Name], residing at [Client Address] ("Client").

1. Introduction

This Agreement is intended to protect the Agent from any liability arising from the Client's use of the Agent's services in connection with the purchase, sale, or lease of real estate.

2. Services

The Agent agrees to provide the Client with real estate services, including but not limited to:

  • Property Search: Assisting the Client in finding suitable properties that meet their specific requirements.

  • Negotiations: Representing the Client in negotiations with sellers, buyers, or landlords.

  • Documentation: Preparing and reviewing real estate contracts and other relevant documents.

  • Market Analysis: Providing the Client with information about the real estate market and property values.

3. Hold Harmless

The Client agrees to hold harmless, indemnify, and defend the Agent, its officers, directors, employees, agents, and representatives from and against any and all claims, demands, losses, liabilities, costs, and expenses (including reasonable attorneys' fees) arising out of or relating to:

  • The Client's use of the Agent's services.

  • The Client's actions or omissions in connection with the purchase, sale, or lease of real estate.

  • Any breach of this Agreement by the Client.

4. Disclaimer of Warranties

The Agent makes no warranties, express or implied, with respect to the services provided under this Agreement. The Agent specifically disclaims any warranties of merchantability, fitness for a particular purpose, or non-infringement.

5. Limitation of Liability

The Agent's liability to the Client under this Agreement shall be limited to the amount of fees paid by the Client to the Agent. The Agent shall not be liable for any indirect, incidental, consequential, or punitive damages, even if the Agent has been advised of the possibility of such damages.

6. Governing Law

This Agreement shall be governed by and construed in accordance with the laws of the Republic of Kenya.

7. Dispute Resolution

Any dispute arising out of or relating to this Agreement shall be settled by binding arbitration in accordance with the Arbitration Act, 1995. The arbitration shall be held in Nairobi, Kenya.

8. 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.

9. Severability

If any provision of this Agreement is held to be invalid or unenforceable, such provision shall be struck from this Agreement and the remaining provisions shall remain in full force and effect.

10. 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 mail, return receipt requested, or sent by overnight courier service, addressed as follows:

If to the Agent:

[Real Estate Agent Name] [Real Estate Agent Address]

If to the Client:

[Client Name] [Client Address]

11. Waiver

No waiver of any breach of this Agreement shall be deemed a waiver of any subsequent breach.

12. Binding Effect

This Agreement shall be binding upon and inure to the benefit of the parties hereto and their respective successors and permitted assigns.

13. Counterparts

This Agreement may be executed in one or more counterparts, each of which shall be deemed an original, but all of which together shall constitute one and the same instrument.

IN WITNESS WHEREOF, the parties have executed this Agreement as of the date first written above.

[Real Estate Agent Signature]

[Real Estate Agent Name]

[Client Signature]

[Client Name]


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